Minutes - 2004 - City Council - 02/24/2004 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
February 24, 2004
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Bastian moves to change the agenda as follows: Take Item #2 off the Pre-Council Agenda
and add it to New Business as Item #B; place a new item on the agenda as Item #E. Police
Vehicles, Pathway Budget discussion as New Business Item #F; and add to the Consent
Agenda as Item #M. Open Container Permit Applications. Seconded by Guerber. ALL
AYES: MOTION CARRIES.........................
Bastian moves to add to the Pre-Council Agenda Dr. Robert H. Freilich. Seconded by
Guerber. ALL AYES: MOTION CARRIES.....................
1. Dr. Robert H. Freilich: Discussion on Fiscal Conservatism, Land Use And Smart Growth -
Enhancing City and County Revenues and Reducing Costs in a Difficult Economy. Dr. Freilich
provides Council an overview of his background and credentials. Discussion on the topics.
General discussion.
2. Library Director, Ron Baker, will discuss library policy in regards to collection selection in
answer to a recent complaint. This item was removed from the Agenda.
3. BFI Annual Report: Tanya Mericle with BPI will present the annual report for BPI, and also
give an update on the cart conversion. Moved to New Business as Item #B.
4. Mayor and Council's Report: Moved to the end of the agenda
5. City Engineer Report: Moved to the end of the agenda
6. City Clerkffreasurer Report: Moved to the end of the agenda
7. Zoning Administrator's Report: Moved to the end of the agenda
8. City Attorney Report: Moved to the end of the agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:45 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Sandy Smith, North Channel Chevron, discusses signage that was
approved, the reader board and the information that can be displayed on the reader board.
General discussion.
Staff: the amount of signage allowed has been met and additional signage on the reader board
would exceed the maximum allowed. The reader board can only display community service.
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
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Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of February 10,2004.
C. Minutes of February 17, 2004.
D. DR-63-03 - Buildin2 Addition and Site Improvements to Smith's Ea2le
Chevron - Rick and Sandv Smith: Rick and Sandy Smith, represented by Rick
Toews with BRS Architects, are requesting design review approval to construct a
960-square foot addition to the convenience store and to complete other site
improvements to the Smith's Eagle Chevron. The site is located on the
northwest comer of South Eagle Road and West Inlet Bay within the Channel
Center Subdivision at 503 South Eagle Road.(WEV)
E. DR- 70-03 - Multi-tenant Office Buildin2 within Merrill Subdivision No.4 -
Dave Evans Construction: Dave Evans Construction, represented by Tim
Scharff with Dave Evans Construction, is requesting design review approval to
construct a 5,822-square foot multi-tenant building. The site is located within
Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill
Subdivision no. 2, formally known as Rocky Mountain Business Park) which is
located at 501 South Fitness Place. This building is proposed to be located on
Lot 20, Block 3, of Merrill Subdivision No.4. (WEV)
F. DR-71-03 - Multi-tenant Office Buildin2 within Merrill Subdivision No.4-
Dave Evans Construction: Dave Evans Construction, represented by Tim
Scharff with Dave Evans Construction, is requesting design review approval to
construct a 2,728-square foot multi-tenant building. The site is located within
Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill
Subdivision no. 2, formally known as Rocky Mountain Business Park) which is
located at 501 South Fitness Place. This building is proposed to be located on
Lot 19, Block 3, of Merrill Subdivision No.4. (WEV)
G. DR-73-03 - Master Si2n Plan for Merrill Subdivision No.4 - Dave Evans
Construction: Dave Evans Construction, represented by Tim Scharff with Dave
Evans Construction, is requesting design review approval of a master sign plan
for Merrill Subdivision No.4. The site is located within Merrill Subdivision No.
4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision no. 2, formally
known as Rocky Mountain Business Park) which is located at 501 South Fitness
Place. (WEV)
H. DR-74-03 - Master Si2n Plan for Multi-tenant Office Buildin2 within
Merrill Subdivision No.4 - Dave Evans Construction: Dave Evans
Construction, represented by Tim Scharff with Dave Evans Construction, is
requesting design review approval of a master sign plan for the multi-tenant
office building within Merrill Subdivision No.4 (a re-subdivision of Lot 12,
Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain
Business Park) which is located at 501 South Fitness Place. This building is
proposed to be located on Lot 20, Block 3, of Merrill Subdivision No.4. (WEV)
I. DR-75-03 - Master Si2n Plan for Multi-tenant Office Buildin2 within Merrill
Subdivision No.4 - Dave Evans Construction: Dave Evans Construction,
represented by Tim Scharff with Dave Evans Construction, is requesting design
review approval of a master sign plan for the multi-tenant office building within
Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill
Subdivision No.2, formally known as Rocky Mountain Business Park) which is
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located at 501 South Fitness Place. This building is proposed to be located on
Lot 19, Block 3, of Merrill Subdivision No.4. (WEV)
J. DR- 76-03 - Common Area Landscapin2 within Merrill Subdivision No.4 -
Dave Evans Construction: Dave Evans Construction, represented by Tim
Scharff with Dave Evans Construction, is requesting design review approval of
the common area landscaping within Merrill Subdivision No.4. The site is
located on Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky
Mountain Business Park at 501 South Fitness Place. (WEV)
K. Findin2s of Fact and Conclusions of Law for CU-14-03 - Bank Facilitv with
Drive-Up Services - Bank of America: Bank of America, represented by
Gensler Architects, is requesting conditional use approval to construct a bank
facility with three drive up service lanes. The 1.11-acre site is generally located
on the north side of State Highway 44 in the Eagle Towne & Country Centre
Shopping Center at 3144 West State Street. (WEV)
L. Desi2nation of Surplus propertv. (SKM)
M. Open Container Permit Applications.
Bastian moves to remove Item #D, G, H, I, and J from the Consent Agenda. Seconded by
Sedlacek. ALL A YES: MOTION CARRIES................
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES............................
D. DR-63-03 - Buildin2 Addition and Site Improvements to Smith's Ea2le Chevron - Rick
and Sandy Smith: Rick and Sandy Smith, represented by Rick Toews with BRS Architects, are
requesting design review approval to construct a 960-square foot addition to the convenience
store and to complete other site improvements to the Smith's Eagle Chevron. The site is located
on the northwest comer of South Eagle Road and West Inlet Bay within the Channel Center
Subdivision at 503 South Eagle Road.(WEV)
Mayor introduces the issue.
General discussion on Site Specific Condition #9.
Bastian moves to approve DR-63-03 - Building Addition and Site Improvements to Smith's
Eagle Chevron and change the second sentence in Site Specific Item #9. read: All art
projects shall be approved by the Eagle Arts Commission. Seconded by Guerber. ALL
AYES: MOTION CARRIES...................
G. DR- 73-03 - Master Si2n Plan for Merrill Subdivision No.4 - Dave Evans Construction:
Dave Evans Construction, represented by Tim Scharff with Dave Evans Construction, is
requesting design review approval of a master sign plan for Merrill Subdivision No.4. The site
is located within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill
Subdivision no. 2, formally known as Rocky Mountain Business Park) which is located at 501
South Fitness Place. (WEV)
H. DR-74-03 - Master Si2n Plan for Multi-tenant Office Buildin2 within Merrill
Subdivision No.4 - Dave Evans Construction: Dave Evans Construction, represented by Tim
Scharff with Dave Evans Construction, is requesting design review approval of a master sign
plan for the multi-tenant office building within Merrill Subdivision No.4 (a re-subdivision of Lot
12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park)
which is located at 501 South Fitness Place. This building is proposed to be located on Lot 20,
Block 3, of Merrill Subdivision No.4. (WEV)
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I. DR-75-03 - Master Si2n Plan for Multi-tenant Office Buildin2 within Merrill
Subdivision No.4 - Dave Evans Construction: Dave Evans Construction, represented by Tim
Scharff with Dave Evans Construction, is requesting design review approval of a master sign
plan for the multi-tenant office building within Merrill Subdivision No.4 (a re-subdivision of Lot
12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park)
which is located at 501 South Fitness Place. This building is proposed to be located on Lot 19,
Block 3, of Merrill Subdivision No.4. (WEV)
J. DR-76-03 - Common Area Landscapin2 within Merrill Subdivision No.4 - Dave Evans
Construction: Dave Evans Construction, represented by Tim Scharff with Dave Evans
Construction, is requesting design review approval of the common area landscaping within
Merrill Subdivision No.4. The site is located on Lot 12, Block 3, Merrill Subdivision No.2,
formally known as Rocky Mountain Business Park at 501 South Fitness Place. (WEV)
Mayor: I want to address all the Consent Agenda items that have to do with Dave Evans
Construction and the Merrill Subdivision. The reason I pulled these items off the Consent
Agenda is so I can make a statement regarding Merrill Subdivision. Today a member of the
community revealed to me that they believe I am involved with Merrill Subdivision and
development community. I wish to make a statement that I am not in any way whatsoever
involved with Rocky Mountain Development or any part of Merrill Subdivision. This is another
part of our family. My family is strictly involved in the egg business in Emmett and I do not
have any kind of relationship with this development and I have never had an interest in any
pennies, dimes, or dollars going in or out of this development. I wanted to make that statement
and will recuse myself simply because it says Merrill and I would like Council to make an action
on these items.
Bastian: Mayor with that statement, I did attend the Design Review meeting where these items
were discussed and approved. I find no reason for us not to approve them. The Design Review
Board did a very good job in adding conditions and making sure the integrity of our Design
Review Ordinances were upheld.
Bastian moves to approve Items #G, H, I, and J. Seconded by Guerber. ALL A YES:
MOTION CARRIES.........................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS: None
9. NEW BUSINESS:
A. 03-33-CU/03-3S-MSP/03-1S-ZC/03-1S-DA/03-29-PBA - Rezone With Development
A2reement. Propertv Boundarv Adjustment. Master Site Plan. and Conditional Use Permit
For A Church Facilitv - SPink Butler Clapp LLP: JoAnn Butler, with Spink Butler Clapp
LLP, is requesting the approval of a rezone with development agreement, property boundary
adjustment, master site plan and conditional use permit to construct a 24,OOO-square foot
(approximate) church facility with a 70-foot high steeple. The 14.35-acre site is located on the
southwest comer of the intersection of Floating Feather Road and Park Lane at 1025 North Park
Lane. This site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Michael Spink, Spink Butler Clapp LLP, representing the applicant. The applicant agrees with
staff recommendations and agrees with the conditions placed on the project. We are here to
answer questions.
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Brian Bennion, LCA, distributes pictures of church buildings with similar construction and
architecture that will be incorporated into this project. General discussion.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
project. This is in our impact area and our recommendation is transferred to Ada County. The
height exception is limited only in the City limits and does not apply to our Impact Area
Agreement. The staff and Planning and Zoning Commission have recommended approval of this
application. General discussion.
City Attorney Buxton: Provides Council an overview of the religious Land Use and
Institutionalized Persons Act.
General Council discussion.
Guerber moves to approve 03-33-CU/03-3S-MSP/03-1S-ZC/03-1S-DA/03-29-PBA - Rezone
With Development Agreement, Property Boundary Adjustment, Master Site Plan, and
Conditional Use Permit For A Church Facility and in that transmittal to Ada Co include
wording that indicates that there was some concern by some members of the City Council
regarding what might be perceived to be an excess of height in regard to this specific
location particular due to the proximity to the City of Eagle and actions the City has taken
in the past in regards to the height of facilities of a near by Church. Seconded by Sedlacek.
Discussion. TWO A YES: TWO A YES: MAYOR RECUSES HERSELF: MOTION DIES
TWO AYES: TWO NAYS............................
Sedlacek moves to approve the application and I would ask the applicant to reconsider the
height of the steeple. Seconded by Bastian. Discussion. Sedlacek amends the motion to
include: Strike Site Specific Condition #2 as that has been met by the applicant. Second
concurs. Further discussion. TWO A YES: TWO NAYS: MAYOR RECUSES HERSELF:
MOTION DIES......................
Nordstrom moves to deny this application. Motion dies for lack of a second.
Bastian moves to approve the application as presented and strike Site Specific Condition
#2. Seconded by Sedlacek. THREE AYES: ONE NAY: MOTION CARRIES...........
General discussion on a letter to the County concerning the Councils' concern about height
limitation.
B. BFI Annual Report: Tanva Mericle with BFI will present the annual report for BFI.
and also 2Îve an update on the cart conversion.
Mayor introduces the issue. This item will be noticed on another agenda.
C. Olde Towne Entry Si2n: The City of Eagle is requesting design review approval for the
Olde Town entry sign. The site for the proposed sign and landscaping is located on the northeast
comer of State Highway 44 and Parkinson A venue. (WEV)
Mayor introduces the issue.
Zoning Administrator: We have a request to continue this item so it can be presented to the
Chamber of Commerce Board. I think we can still get the sign constructed in a timely manner
with the extension of time. General discussion.
Bastian moves to continue this item to the March 9, 2004 City Council meeting. Seconded
by Nordstrom. ALL AYES: MOTION CARRIES.....................
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Bastian moves to amend his previous motion to approve the sign in concept and have staff
and one member of Council approve the final sign. Seconded by Guerber. ALL A YES:
MOTION CARRIES..................
D. A ward of Additive Alternate No.1. (Brid2e No. 1) and Brid2e No.2.. (SKM)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering: Provides Council an overview of the project. General
discussion.
Sedlacek moves to award the Additive Alternate No.1, (Bridge No.1) and Bridge No.2 to
Wright Brothers in the amount of $14,065.00. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES........ .......
E. Police Vehicles.
Mayor introduces the issue.
Bastian: At the last meeting we discussed the desire of Sgt. Borgquist to award our deputies who
work with community policing by allowing them to take home the vehicle they are doing duty in
as they have all of their equipment in the vehicle. Currently they have to unload the vehicle and
loaded it the next morning which takes time away from duty. This also provides a reward for the
hard work that they do and provides some incentive for continuing to work in the City of Eagle.
The City of Eagle has a more demanding schedule than cities around us. This is a small reward
and a token of our appreciation. This would be with the stipulation that any person living outside
of Ada County would not be able to take their vehicle home.
Bastian: This is a motion. Seconded by Guerber. Discussion. ALL A YES: MOTION
CARRIES. . .. .... .. ... .... ..
F. Discussion on Pathwav Bud2et.
Mayor introduces the issue.
City Clerk Moore: Discusses the information distributed to the Council on the pathway budget.
General discussion.
Bastian moves to approve $30,658.30 to complete the work on the pathways as indicated in
the Alternate Budgets FY 03/04 plus any additional engineering fees associated with the
pathways. Seconded by Nordstrom. Discussion. ALL A YES: MOTION
CARRIES. ....... ....
10. UNFINISHED BUSINESS:
A. Discussion re2ardin2 rate schedule for Citv water svstem. (Ken Rice, Holladay
Engineering)
Mayor introduces the issue.
Ken Rice, Holladay Engineering: Provides Council an overview of a rate increase schedule.
General discussion.
Vern Brewer, Holladay Engineering: Discusses the United Water billing to Lexington Hills
Homeowners Association on the Pond. United Water and the Homeowners Association are
negotiating. General discussion.
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Mayor calls a recess at 9: 15 p.m.
Mayor reconvenes at 9:25 p.m.
B. Citv Hall discussion. (NM)
Mayor introduces the issue.
Bastian: Discusses his e-mail to the architect in regards to the "Turn of the Century" look for the
new city hall. General discussion.
11. EXECUTIVE SESSION:
A. Pendin2 or threatened liti2ation. I.C. §67-2345(f)
Bastian moves to go into Executive Session for discussion on pending or threatened
litigation. Seconded by Sedlacek. Bastian: A YE; Sedlacek: AYE; Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES.........................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 10:00 p.m.
PRE-COUNCIL REPORTS con't:
Zoning Administrator's Report: Discusses the Star Impact Area application. General discussion.
Discusses the Boise Impact Area Exchange. This has been continued to the March 10th meeting
of the Board of County Commissioners.
Discussion on a letter from Frank Litz on a code enforcement issues. We are taking care of this
with Tom.
Discussion on package plants.
Discussion Laguna mediation. Discussion on the appeal period. Laguna has stated they do not
want mediation.
Discussion on the water craft ordinance.
Discussion on the Buster's van and their sign.
Discussion on the Fire Departments concerns on Optic om, fire flows & hydrants.
City Clerkffreasurer Report: On March 2nd we have a meeting with ZGA on the new City Hall
and we also have the Joint Meeting with ACHD scheduled. Council concurs that the joint
meeting with ACHD is not needed. The meeting with ZGA will be scheduled for 6:30 p.m.
Dan Friend, Eagle Fire Department, would like to have Council permission to use more lawn
area for tables and seating at the Nut Feed. Council concurs that this would be all right.
Discussion on Park Reservations for non-profit groups that want to reserve Merrill Park Shelter
on a weekly basis through the summer. Council concurs that they are not in favor of these types
of reservations.
Discussion on the vault at Merrill Park.
Mayor and Council's Report:
Nordstrom: No report.
Guerber: Discussion on the Lease Agreement with Ada County on the Eagle! Ada Park. General
discussion. Discussion on a BMX track.
Reports on the Air Quality Board. General discussion.
Mayor: I spend most of my time at Compass, Treasurer Valley Partnership and Valleyride.
Discussion on the Annexation Bill. It was held in committee.
Discussion on the Park Road name change.
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Bastian: Discussion on Paddy Rowe issue.
Discussion on meeting with Captain Freeman and Under Sheriff Rainey. They are looking at
community policing and being able to have time to do this because of the demand in other areas.
There will be a time when community policing won't be able to be done with the deputies that
we have because of the demand for services in other areas. They are suggesting that we need a
STEP Officer. The City really needs two Sergeants and a Lieutenant which will increase our
costs to over $300,000 annually. General discussion.
Sedlacek: I am going to meet with Lazy J on Friday to let them know what they need to do to be
in compliance.
Discussion on the new City Hall.
Further discussion on the new City Hall.
City Engineer Report: No report
City Attorney Report: No report
12. ADJOURNMENT:
Nordstrom moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11: 15 p.m.
Respectfully submitted:
-¿~~~RF:)z. ~~
CITY CLERK/TREASURER
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1
3
1. Eagle Road North of Floating Feather - Eagle
2. Greenhurst Blvd. - Nampa
3. Black Cat and Cherry Lane - Meridian
4. Franklin and Locust Grove - Meridian
Church of Jesus Christ of Latter-day Saints
Local Area Stake Centers
2
4
f
Cc ...2---2(i-ocf
MOORE SMITH BUXTON & TURCKE, CHARTERED
RANSOM J. BAILEY
SUSAN E. BUXTON*
MICHAEL C. MOORES
BRUCE M. SMITH
PAUL A. TURCKE°
CHRISTOPHER E. YORGASON
TAMMY A. ZOKAN'
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH 9Th STREET, SUITE 420
BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX (208) 331-1202
MEMORANDUM
January 28, 2003
To: Mayor Merrill and Eagle City Council
From: Ransom Bailey
Re: Religious Land Use and Institutionalized Persons Act
JOHN J. MCFADDEN•t
Of Counsel
• Also admitted in Oregon
=Also admitted in Washington
* Also admitted in South Dakota
' Also admitted in New Mexico
This memo is in response to a recently proposed ordinance disallowing churches in the
Central business District. This proposed ordinance could not withstand a legal challenge, as it is
in direct violation of a recent piece of federal legislation. The best alternative for the City would
be to allow churches in this district on a conditional use basis, thereby giving the City some
leverage in achieving its land -use and planning goals. However, the City must be very cautious
in its approach as even minor restrictions could be viewed as encroaching upon an entity's
religious freedoms.
Signed into law in 2000, the Religious Land Use and Institutionalized Persons Act
(RLUIPA) was crafted to protect religious institutions in their use of land and in constructing
buildings for religious purposes. The Act also addresses the religious rights of persons in the
custody of the government, but this section of the Act is largely ignored by this memo, which
focuses instead upon land use issues.
RLUIPA responded to the land use regulations and zoning laws (often facially neutral)
put forth by localities to curb or diminish the construction of new religious buildings. The
motivation behind the majority of municipal zoning laws is that religious organizations are tax
exempt and reduce municipal tax revenues. The zoning laws also act to maintain the status quo in
a community by excluding newer religious groups and preventing established denominations
from expanding or developing new ministries. RLUIPA allows religious groups to challenge
these laws and regulations.
The land use provisions are contained in Section 2 of the Act and consist of two main
parts. The first deals with land -use regulations that substantially burden the free exercise of
religion. The religious entity must establish that the law imposes a "substantial burden"
January 28, 2003
Page 2
(something which rises above a minor expense, minimal intrusion, or inconvenience) on their
exercise of religion. If the religious entity is successful in showing this "burden" land -use
officials must put forth a "compelling interest" behind the law. This "compelling interest" is an
interest of the highest order the general example being a demonstrable need to protect the health,
safety and welfare of the public. Furthermore, local officials must also show there are no "less
restrictive means" of protecting this "compelling interest." For all practical purposes the
municipality will have great difficulty passing this "compelling interest" test once the religious
organization has established a "substantial burden."
The second element of the RLUIPA, is the guarantee of equal treatment. Specifically, the
Act calls for equal treatment of faith based organizations and comparable secular organizations.
The best example is that of land -use law allowing a secular assembly building — theater, VFW,
senior center — but barring a church. Under the RLUIPA this land -use law would be struck down.
Having established the basic tenets of the RLUIPA, the full effect of the Act on land -use
laws is still being discovered as courts wrestle with how far this Act should apply. For instance,
while striking down land -use, zoning, and landmark regulations from prohibiting religious
entities from using land it is not a carte blanch immunization from these laws and regulations.
The ability of religious organizations to establish a "substantial burden" on the practice of their
religion may be rather easy in the context of a prohibition, however, it is considerably less so
when faced with regulations addressing structural integrity, sanitation, fire and flood safety and
other requirements established for the welfare of the community. What remains unclear are
aesthetical requirements such as establishing historical districts put forth to preserve the character
of the community. While courts have established the act of building a church to be religious
expression, the finer point of say, a steeple violating a municipal height ordinance is still open for
debate. Thus the legal boundaries of how far RLUIPA will go in protecting religious
organizations wrestling with municipal land -use laws is an ongoing issue facing courts both
today and in the future.
Robert H. Freilich
Freilich. Leitner & Carlisle
Fiscal Conservatism, Land Use And
Smart Growth:
Enhancing City and County Revenues And
Reducing Costs in a Difficult Economy
Dr. Robert H. Freilich
Presentation to the Boise City Council February 2004
From the Ma County Highway District
Five Major Crises
• Decline in existine built-up areas
• Degradation of the environment
• Sprawl development burdening energy
supplies
• Fiscal strain linked with deficiencies in
inadequate public facilities and overburdened
transportation facilities
ss of agricultural lands and open space
What is Sprawl
Low-density development on the edges of
cities and towns that is poorly planned,
land -consumptive, automobile -dependent
and designed without regard to its
urroundings.
Ni:toN Mit, N41011.11 lruu tot 11:
Ada County Highway District
Boise. Idaho
February 2004
1
Robert H. Freilich
Freilich, Leitner & Carlisle
Sprawl is a Conservative Fiscal Issue
Growth has helped fuel ... unparalleled economic
and population boom and has enabled millions ...
to realize the enduring dream of home ownership
... but sprawl has created enormous costs...
Ironically, unchecked sprawl has shifted from an
engine of ... growth to a force that now threatens
to inhibit growth and degrade the quality of our
life.
111 Beyond Sprawl. 1995
Bank of America
Understanding the
Impacts of Sprawl
Character/
"Fiscal
Levels of Service
Ili
Energy Use s ti-
n.nnuu: i
onn
i PV—`"
y
Coni a�tibility
Environmental
3,
Ada County Highway District
Boise, Idaho
February 2004
Robert H. Freilich
Freilich. Leitner & Carlisle
The Public Infrastructure Gap
National infrastructure
deficiencies are approaching $4
trillion
($4,000,000,000,000)
Myths
• All growth pays for itself
• Smart growth means no growth
• Smart growth interferes with free mark
• Smart growth is too expensive
• Demanding quality & cost recovery will
shift growth to other areas
Relative Cost of Planned
Development v. Sprawl
Facility Sprawl Planned Din,elupment
Duncan Burchell Frani. Synthesis
Roads I (I(1' ; -11y.; 7W 7 i'. 75(i;
School, 1 I n 97`4' 99( 95(
Unlrtic� I 1 II I' , (il I' ; 92c% 66(,; S5 /t
Other loft , Io_"; NA 100',; NA
Ada County Highway District
Boise. Idaho
February 2004 3
Robert H. Freilich
Freilich. Leitner & Carlisle
Capital Costs Shifted to
Existing Development
Population A l3 C D
10.00O $12,000
2(1,00(1 6,000 6.000
30 .1)00 4,0K10 4.11111) -U(K)
40,1100 i,I)4 11) i.(R)O 3.0(KI i,ll(IO
Total S. -5m)° $13.00o $7.000 $3,000
Washington. D.C. Area
Features
I. Radial Corridors
2. Corridor
Centers/Joint
Development
3. Transportation
Congestion
Management
4. Economic
Incenrkes for Ag.
Land
Ada County Highway District
Boise, Idaho
Building Permits Issued
1979 9,000 BPs
8,000 Outside
1,000 Inside
1983 16,000 BPs
8,000 Outside
8,000 Inside
February 2004 4
Robert H. Freilich
Freilich. Leitner & Carlisle
Seattle/ Puget
Sound Growth
Strategy
YR,in
Puget Sound
Regional Rail
and HOV
System
Palm Beach County Tiers
Ada County Highway District
Boise, Idaho
February 2004 5
Robert H. Freilich
Freilich. Leitner & Carlisle
Conceptual Alternative Analysis
Ada County Highway District
Boise, Idaho
February 2004 6
Robert H. Freilich
Freilich. Leitner & Carlisle
Washoe County Alternatives
Washoe County Alternatives
Washoe County Alternatives
Ada County Highway District
Boise, Idaho
February 2004 7
Robert H. Freilich
Freilich, Leitner & Carlisle
1►
Washoe County Alternatives
11111 1.
"n
..11Y�11i11
fat
111.1 L611 . 1 I
Twin Cities,
Minnesota
111111.1111111
E' Transportation Planning
& Joint Public/Private
Development
Ada County Highway District
Boise, Idaho
February 2004 8
Robert H. Freilich
FreiItch, Leitner Carlisle
Local Government Roles in Joint
Development of Transit Centers
• assemble property
• provide flexible zoning / incentives
• secure low cost financing
• construct infrastructure
• coordinate gov't agencies
• expedite development process
• designate transit corridor
• establish transit service / centers
Joint Development: Techniques
• Excess Condemnation
• Long terns leasing/value capture
• Negotiated private sector investments
• Connection fees
• Concessions
Joint Development: Regulatory
Incentives
• Parking reductions
Li• Impact fee reductions
• Concurrency waivers (TCMA)
• Density bonuses
• TDR
• Expedited processing
Ada County Highway District
Boise, Idaho
February 2004 9
Robert H. Freiltch
Frcilich. Lehner & Carlisle
Joint Planning - Bridging the
City/County Gap
• Comprehensive Plan as Constitution
• Mutual definition of growth tiers
• Targets State funding to priority growth areas
• Linkage between CIP, development and annexation
• Adequate public facilities required
• Promotes creative. efficient development
• Limitations on sprawl
Funding "°clly,i.
Facilities +
Adorn 1.05
Standard,
Deficiencies No I5 eirni i:,
Facilities for Faciliti.•, tl'r
!Aiming IX:,.
4,
Genial Res. Transfers
Ad Valorem Tax Joint Funding
License/Esci a Tax Amen Mgmnt.
Utility Rates Trans.Corps
ser Fees
Impart Fees. TDIK.
.lardatory Dedications
Improvement Requirements
Mitigation Fees, (DIk
Ada County Highway District
Boise. Idaho
February 2004 10
Robert H. Freilich
Freilich, Leitner & Carlisle
Dolan/Ehrlich Analysis
of Concurrency
New Growth Related Facilities
) Good Faith Test I
•
Impact Fees Concurrenc
111/itgh Prof (ttlotkJity fin)
la
Don v- Ciry a Tigard - ---
h I !'Development
Related Test 1 L Agreement
Approval Deficien. ies in
public se
leverriKedNego\�ution 1 Developer
f (Ehrlich v. Culver City) 1 rights. local
1 facilities i
capacity t
Lproporti
CIP will solve deficiencies
within reasonable periodof time
ains vested 1 Golden e. f'ingnlrrg
gov't gains 1 Hord, Timm of
n greater Ramapo: appli
han rough school faciliti
onalit)
Concurrency and
Adequate Public
Facilities Planning
Concurrency
'Timing and Sequencing (police powers)
CIP (fiscal powers)
Carrying Capacity
Ada County Highway District
Boise, Idaho
February 2004 11
Robert H. Freilich
Freilich. Leitner & Carlisle
iming of Development & Public
Facilities
Congestion Management:
Regulatory Alternatives
• Zoning
• Subdivision Approval
• CUP/SUP
• Impact Analysis
• DRI/Special Review
• Exactions/development
agreements
• Impact fees
Mink
• Adequate Public Facilities
Ordinances (APPO's)/
Concurrcncv
• Congestion Pricing
• Ncotmditiomd/rOI)
• TDM
• Access management
• TDR
Development Agreements
• Concurrency management
Serve new demand
Solve existing deficiencies
Growth management
igation defense
Ada County Highway District
Boise, Idaho
February 2004 12