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City Council Regular Meeting Minutes February 10, 2015 Page 4 1 as permitted conditional uses in the LI District. She advised that when preparing the PUD, the 2 City took into account a resubmittal of the original application submitted on February 14, 2012, 3 which provided the location of the proposed Religious Assembly in the southernmost portion of 4 the building, adding that as part of the original submittal in 2012, an exhibit was submitted by 5 the applicant and was used by City staff to analyze the parking requirements and this exhibit is 6 attached to the PUD Ordinance. She stated that no exterior expansions or modifications are 7 proposed and there may be interior modifications required to meet the City's building and fire 8 codes. She stated the 2012 submittal indicated four staff persons would be associated with the 9 Religious Assembly use. She explained the parking requirements and stated the maximum 10 seating capacity for the Religious Assembly space is 261 persons and this warrants 105 parking 11 spaces, plus the four staff persons, for a total of 109 spaces. She stated that on May 15, 2012, the 12 Planning Commission inquired about additional lounge spaces and a separate calculation was 13 completed by the Fire Marshal that determined an additional 56 spaces would be needed, for a 14 total of 165 spaces required for the Religious Assembly use. She noted there is an existing day 15 care on the property and the 2009 CUP required 12 spaces separately allocated for that use. She 16 explained the parking calculation for the remainder of the building that results in an additional 89 17 spaces based on the uses proposed, resulting in 266 total parking spaces required and there are 18 283 spaces on site. She pointed out that the proposed Ordinance requires the applicant to 19 provide a parking study to determine if additional parking is needed, adding that the current 20 spaces are striped larger than the City Code requires so if additional parking is required, the lot 21 could be restriped adding another 20 spaces for a total of 303 spaces. She advised there is 22 enough parking if both lots are combined and approval of a lot combination would secure 23 adequate parking for the building. She stated that the PUD also states that any change in 24 occupancy or future uses of the building must be reviewed by the City Manager to ensure 25 adequate parking is available on site and to make sure the site can accommodate all parking. She 26 noted that this requirement is typical for all new businesses in St. Anthony and allows the City to 27 analyze the parking from a zoning perspective. She stated the parking study must be submitted 28 and reviewed by the City Engineer to ensure adequate parking is available; in addition, the PUD 29 requires that only vehicles accessory to the permitted uses be allowed to park within the parking 30 lot. She stated that no sign plan has been submitted as part of the application, however, all signs 31 must conform to Ch. 155 and a sign permit is required. She advised that Sec. 152.209 provides 32 the procedure for processing a PUD and Sec. 152.203 permits the City Council to allow uses that 33 are not listed in zoning districts, thus creating its own zoning district within the PUD document. 34 She pointed out this action results in a rezoning of the property from LI to PUD Overlay with LI 35 Underlay and approves the Preliminary and Final PUD plans and site plans. 36 37 Mr. Timothy Keane, special counsel to Abu-Huraira Islamic Center, approached the City 38 Council and explained that his representation is limited to this matter with the City. He stated 39 that the City Attorney and City staff have fairly presented the understandings that have brought 40 them to the City Council for final approval. He respectfully requested one minor change and 41 explained that since the time of their original application and the Settlement Agreement and 42 confirmation of use, they have had architects and engineers in the building figuring out the use of 43 the space and the architects and engineers have determined that the lower level of the building is 44 poorly suited for any significant assembly space because the ventilation, piping, mechanical, and 45 heating are ill equipped and Abu-Huraira Islamic Center is looking elsewhere in the building. 46 He stated Abu-Huraira Islamic Center is not requesting an enlargement of the space, adding they 47 understand the agreed upon 12,941 square feet which is adequate for their assembly 48 requirements, but they are asking for flexibility to approve at the City staff level, rather than