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August 20th, 2024 Page 8 distinguish between religious and other similar land uses, based on the religious nature of use alone. Therefore, the allowance of a commercial office use, for example, also implies the allowance of a non-commercial or religious office use. This is a function of a federal law known as “RLUIPA” – the Religious Land Use and Institutionalize Persons Act. As such, any decision on the proposed use should focus on land use-related impacts rather than property tax considerations. PLANNING COMMISSION REVIEW AND STAFF RECOMMENDATION In the initial application, the issue for the Planning Commission (and ultimately the City Council) was whether the PUD zoning and the Development Agreement governing the land use on the site should be amended to incorporate a use that was not contemplated by the original PUD approval. The amended application expands the proposed use of the site, and – while it varies from the original PUD – the principal use is within realm of the uses written in to the Kenzie Terrace PUD District. Staff believes that the proposed land uses on the site are consistent with the underlying land use planning for this area, and subject to site plan notes and appropriate amendments to the zoning district, allowable under the PUD Zoning. While the applicants have added additional clarity to the proposed use and provided a concept site plan that suggests additional green space on the mostly-impervious site, there are a number of modifications or supplemental elements that should be incorporated into any recommendation for the PUD amendment. Those modifications include the following: 1.Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. 2.Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. 3.Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping to replace the driveway removal. 4.Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. 5.Provide information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). To recommend approval of the amendment, the Planning Commission should consider findings such as the following, and others generated by the discussion and public hearing: