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January 20, 2015 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED REZONING 1. Background On February 14, 2012, an application was filed by the Applicant requesting a Conditional Use Permit (CUP) to allow an assembly at 3055 Old Highway 8. On March 13, 2012, the City Council passed an interim ordinance imposing a moratorium on the issuance of Conditional Use Permits (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. On June 4, 2012, the Planning Commission held a public hearing to consider the CUP request and recommended approval of the CUP for an assembly at 3055 Old Highway 8 subject to a number of conditions. On June 12, 2012, the City Council held a public meeting on the requested CUP and voted to deny the request. On August 27, 2014, the United States filed a Complaint against the City for violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. On December 11, 2014, after a settlement conference, the City agreed, in principle, to create a Planned Unit Development (PUD) for the properties at 3055 Old Highway 8 to allow for uses as listed below in Section 2: Request. On December 23, 2014, the City Council adopted Resolution 14 -088 approving the Consent Order in the Federal Court Matter Captioned United States of America vs. City of Saint Anthony Village, Minnesota and the Contingent Settlement Agreement in the Federal and State Court matters captioned Abu - Huraira Islamic Center and Muxamedrashid Ali vs. City of Saint Anthony Village. 2. Request The Applicant is requesting the creation of a PUD — Planned Unit Development Overlay District on the property located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) to permit the following land uses as "Permitted Uses ": 1. Religious Assembly at times chosen by the Property Owner to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square feet) consisting of a total of 12,941 square feet of the approximately 105,000 square foot building; 2. Adult day care; 3. Clinics for medical /dental /and behavioral health; and 4. All other permitted uses in the Light Industrial District. The Applicant re- submitted information from the original submittal, dated February 14, 2012, which indicates the lower level of the building comprises approximately 13,280 square feet total. The space identified for "religious assembly, prayer services, religious education, weddings and other religious ceremonies and observances" is 12,941 square feet total (11,655 in the lower level and 1,286 square feet on the main level). The entire building is approximately 105,000 square feet. The remainder of the building (the three story office tower and first level of the south building) would allow for uses permitted in the PUD as shown in Exhibit C. On January 19, 2015, the City received notice from the Applicant that they would like "Wellness facility for exercise and corporate fitness center for building tenants" removed from the request.