HomeMy WebLinkAboutRES 15-016 Approving the PUD for 3055 Old Highway 8SAINT 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
WHEREAS, the parties acknowledged and recognize that the approval of a PUD was an
essential condition of the settlement and that certain City processes must be
undertaken for the City Council to review and make a decision with respect to a
PUD application; that at the Settlement Conference, city representatives assured
the federal court that they would advocate for approval of the PUD, but that
nothing in this Agreement commits or binds the City Council to approve the
PUD; and
WHEREAS, All requirements of City Code § 152.209 have been met the satisfaction of the
City Council; and
WHEREAS, To allow for the Property Owner to use the Property for religious assembly and a
mixture of office space, medical office space, personal service needs, and other
uses, the City must approve the Planned Unit Development Overlay Zoning
District.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Saint Anthony Village does
hereby approve the following:
1. City Ordinance No. 2015-01, which amends the zoning to create a Planned
Unit Development Overlay Zoning District for the Property;
2. Planned Unit Development Agreement (the "PUD Agreemen "), dated
February 10, 2015, between the City and the Property Owner to implement the
requirements of the Planned Unit Development Overlay Zoning District for the
Property;
Adopted this 10th day of February, 2015.
1
ATTEST:�
Barbara J. Su ' ,City Clerk
Review for
rome O. Faust, Mayor
Mark V-asey, City Manager