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Approvals required The proposed development would require the following approvals: • An Amendment to the Zoning Code is required to allow House of Worship as a Permitted or Conditional Use in the I-Flex Zoning District. • A Conditional Use Permit or a Planned Unit Development will be required for the approval of the Church, if the zoning amendment is approved. Council Discussion Items The following are some items the Council may want to discuss. 1. Zoning Amendment • Four (4) out of ten (10) of the proposed uses are currently not permitted in the I-Flex District. The applicant is asking an amendment to allow House of Worship as a Permitted or Conditional Use. o An amendment to the Zoning Ordinance is not limited to this specific site. Any amendment would be applicable to all properties in the I-Flex district. o The Council should determine whether this use is permitted outright, or subject to a CUP. 2. RL UIPA • Would the Religious Land Use and Institutionalized Persons Act (RLUIPA) allow the applicant to mount a serious challenge to the City's denial of their application? • RLUIPA prohibits a government from imposing a land use regulation in a way that substantially burdens the religious exercise of a religious assembly unless the government can show that the burden: (A)is in furtherance of a compelling governmental interest; and (B)is the least restrictive means of furthering that compelling governmental interest." Further, a government also may not impose a land use regulation in a manner that treats a religious assembly on less than equal terms with a nonreligious assembly. Budget Impact NA- Attachments A. Applicant's Narrative B. Concept Floor Plan C. PowerPoint City of Arden Hills City Council Work Session for March 22,2021 P:\Planning\Planning Cases\2021\21-005 Grove Church-CP Page 5 of 5