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September 24th, 2024 Page 10 The landscape plan shows conceptual planting areas where green space would replace paved areas. The plan illustrates some planting in those new green spaces, again conceptually. The plan retains much of the perimeter green space around the property, although those areas would benefit from maintenance. As a part of any Final PUD plan for the amended PUD, the City should require a detailed landscape plan that identifies the type of planting and green spaces, and information relating to maintenance and retention of green space in the existing perimeter areas. The applicant identifies a conversion of the former bank drive-through area to an outdoor play area. The plan does not identify the proposed improvements in this area, such as ground surface materials or other aspects of the amenity. Given that it abuts an active driveway, it is expected that there will likely be some sort of separation between the play area and site traffic. Fencing or other aspects of this improvement should be identified as an aspect of the plan. Finally, given the recommended closing of the westerly access point noted above, additional green space would be created as an aspect of that change. This area should also be included in the landscape plan. Tax Base Considerations. Finally, it is important to add a note regarding the Commission’s discussions related to the interest in retaining tax base as a land use consideration. The applicants have suggested that as a part of the amended application, they would incorporate some taxable use into the building. It is also important to understand that for land use decisions, the City is not permitted to 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 Summary and Planning Commission Action. In summary, staff believes that there are adequate reasons to recommend approval of the proposed amendment, given the expanded description of the proposed use on the site. However, there are still details arising from that proposal that cannot be verified with the material submitted as a part of the application submittal. The Commission considered the components of the application – both land use and development plans – and recommended approval, but with conditions that make the project more consistent with the City’s land use goals. As noted, staff believes that both the original staff conditions and those added by the Planning Commission should be incorporated into any approval of the PUD amendment. 54