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Page 4 of 4 <br /> <br />modifications to existing sites shall use the Planned Unit Development (PUD) or the Conditional <br />use Permit (CUP) process. The proposal shall identify any requested modifications from the <br />applicable zoning requirements as well as the reasons why the modifications would be in the <br />public interest and would be consistent with the purpose of the I-FLEX District. Modifications to <br />these requirements may be granted by the City without a variance through the PUD process. <br />Section 1320.12 also states that the provisions in this Section may be modified by the City <br />Council to allow planning flexibility without the need for a variance to encourage cooperative <br />dialogue between the applicant and the City. <br /> <br />The Applicant is requesting an amendment to the I-FLEX Zoning District to allow House of <br />Worship as a Conditional Use. If the zoning change is approved, the applicant will submit a <br />Conditional Use Permit application for the permitting of Grove Community Church (Everyday <br />Church) at this site. <br /> <br />Discussion <br /> <br />The City Council should consider RLUIPA: <br />• Would the Religious Land Use and Institutionalized Persons Act (RLUIPA) allow the <br />applicant to mount a serious challenge to the City’s denial of their application? <br />• RLUIPA prohibits a government from imposing a land use regulation in a way that <br />substantially burdens the religious exercise of a religious assembly unless the government <br />can show that the burden: <br />o is in furtherance of a compelling governmental interest; and <br />o is the least restrictive means of furthering that compelling governmental interest.” <br /> <br />Further, a government also may not impose a land use regulation in a manner that treats a <br />religious assembly on less than equal terms with a nonreligious assembly. The proposed <br />amendments have been provided in Attachments B and C. The City Attorney has reviewed and <br />approved the proposed changes. <br /> <br />Public Notice and Comments <br /> <br />A Zoning Code Amendment requires a public hearing. A public hearing notice for this planning <br />case was published in the Pioneer Press on May 13, 2021. Staff has not received any public <br />comments on this application as of May 19, 2021. <br /> <br />Attachments <br /> <br />A. Applicant’s Narrative <br />B. Redlined Land Use Chart <br />C. Clean Land Use Chart <br />D. Planning Commission Memo <br />E. Draft Planning Commission Minutes <br />F. City Council Presentation