Minutes - 2004 - Planning & Zoning - 02/17/2004 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
February 17, 2004
6:30 PM
The Planning and Zoning Commission met in regular session on February 17, 2004
Chairman Bandy presiding.
1.
CALL TO ORDER: Meeting called to 6:35 p.m.
2.
ROLL CALL: The following members were Present: LIEN, BANDY,
CROOK, GLA V ACH. Absent: DECKERS. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of February 2, 2004
B. Findines of Fact and Conclusions of Law for RZ-9-03 - Rezone from R-
4 to PS - Joint School District No.2: Joint School District No.2,
represented by Doug Russell with The Land Group, is requesting a rezone
from R-4 (Residential- up to four dwelling units per acre) to PS
(Public/Semi-Public). The site consists of three parcels totaling .5-acres in
area and is located on the west side of North Eagle Road approximately
800-feet north of State Street at 323, 365 and 395 North Eagle Road.
Crook moves to approve the consent agenda as presented. Seconded by Lien.
ALL A YE...MOTION CARRIES
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS: None
6. NEW BUSINESS:
A. FPUD-I0-03 & FP-13-03 - Final DeveloDment Plan and Final Plat for
RiversEnd No.2 Subdivision - Howell-Kiser DeveloDment CorD.: Howell-Kiser
Development Corp. is requesting final development plan and final plat approval for
RiversEnd Subdivision No.2, a 74-lot (68-buildable, 6-common) residential
subdivision. This 49.74-acre phase of RiversEnd Subdivision PUD is located between
the North and South Channels of the Boise River approximately Y2 -mile east of Eagle
Road on East Island Woods Drive.
Bandy introduces the item.
James Kiser, 619 Queensguard Boise, Idaho representing Howell-Kiser Development
Corp. Mr. Kiser has no problem with the staff report as presented.
City Staff, Jeff Lowe presents the staff report.
Crook moves to approve FPUD-IO-03 & FP-13-03 - Final Development Plan and
Final Plat for RiversEnd No.2 Subdivision - Howell-Kiser Development Corp. as
presented. Seconded by Bandy. Discussion. ALL AYE...MOTION CARRIES.
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B. FPUD-ll-03 & FP-14-03 - Final Development Plan and Final Plat for Two
Rivers Subdivision No.9 - T. R. Company LLC.: T. R. Company LLC, represented
by Dan Torfin, is requesting final development plan and final plat approval for Two
Rivers Subdivision No.9, a 41-lot (34-buildable, 7-common) residential subdivision.
This 18.64-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle
Road approximately 16oo-feet south of State Highway 44.
Bandy introduces the item.
Staff has requested this item be continued to the March 1st meeting.
Crook moves to continue FPUD-ll-03 & FP-14-03 - Final Development Plan and
Final Plat for Two Rivers Subdivision No.9 - T. R. Company LLC to the March
1 st meeting. Seconded by Lien. ALL A YE...MOTION CARRIES.
C. 03-33-CU/03-38-MSP/03-18-ZC/03-18-DAl03-29-PBA: - Raymond Morley (illS
Church)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 pennit 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
corner 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.
Bandy introduces the item.
JoAnn Butler 251 E. Front Street Boise, Idaho representing Raymond Morley. They
agree with the conditions of approval as presented in the staff report. Butler makes
herself available for questions. The Committee wishes to see the design of the building.
Brian Bennion with Lombard Conrad Architects reviews the design of the building.
City Staff, Jeff Lowe, reviews the staff report. Discussion.
Butler addresses questions posed by the Commission.
Bandy moves to approve 03-33-CU/03-38-MSP/03-18-ZC/03-18-DAl03-29-PBA
with the site specific conditions of approval adding two additional conditions. 1.
The site plan should include meandering sidewalk between Park and Floating
Feather. 2. The site plan should consider additional vegetation. Seconded by
Crook. ALL A YE...MOTION CARRIES.
D. Un2er Land Consultin2 will discuss the development of property located at
9605 & 9555 N. Horseshoe Bend Road within the City of Ea2le Area of Impact.
Bandy introduces the item.
City Attorney, John McFadden, encourage the Committee to keep the discussion
somewhat general and keep this as an informational meeting, not one at which definite
direction or decisions are being made.
Bob Unger with Unger Land Consulting representing HMR Financial LLC on this
potential project. Mr. Unger displays the property in question and the options his client
is looking at in regard to development. General Discussion.
7.
REPORTS:
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General discussion regarding last weeks joint meeting with Ada County Planning
Commission and Eagle's Planning and Zoning Commission.
8.
ADJOURNMENT:
Crook moved to adjourn at 8:00 p.m. Seconded by Bandy.. ALL A YE...MOTION
CARRIES...
RESPECTFULLY SUBMIITED:
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SHARÒN K. MOORE
CITY CLERKffREASURER
APPROVED:
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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FILE No.279 02/17 '04 13:49 ID:SPINK BUTLER CLAPP, LLP FAX:208 388 1001
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PAGE 2 3
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SPINK BUTLER CLAP
February 17, 2004
Via Facsimile
Eagle City Planning & Zoning Commission
310 East State Street
PO Box 1520
Eagle, ID 83616
JOANN C. BUTLER
SANRRA L. CLAPP
M. GREGORY EMBREY
L.. VICTORIA MEIER
MICNAEL T. SPINK
(208) 388-1093
J OUTLER@SDC-ATTORNEYS.COM
RE: Ada County File 03-33-C1J/03-38-MSP/03-18-7.C/03-18-DA/03-29-PBA
SBC File No. 21997.2
Dear Commissioners:
This evening you will be reviewing the above -referenced file and making a recommendation to
Ada County. As you will read in your Staffs report, the applicant's (The Church of Jesus Christ
of Latter -Day Saints) Church Stake building includes a steeple with a height proportionate to the
remainder of the building and a height that is standard for this typical Church Stake building. We
do understand that this height is greater than allowed in this zone for non -religious uses. With this
letter we wanted to remind the Commission why the steeple is shown at the particular height.
The Church's steeple is recognized by LDS adherents and non -adherents alike as part and parcel
of an LDS Stake structure. Of course, the Commissioners understand that limiting the steeple
height would be a use of the zoning code to limit the manner in which the Church can develop and
use property in which it has an interest. Such an action would be contrary to the federal
requirements of the Religious Land Use and Institutionalized Persons Act ("RLUIPA"),' which
provides that:
[n]o government shall impose or implement a land use regulation in a manner that
imposes a substantial burden on the religious exercise of a person, including a
religious assembly or institutions ... .
Title 42, Chapter 21C, §§ 2000cc et seq. U.S.C.A_
261 E. FRONT STReer
SurrE 200
po. Booc 63$
BOME. IOAHO 83701
20B-388-1000
2O8-308-10O1(F)
www.aBC-Arr onNevisooM
'FELE No.279 02/17 '04 13:49 ID:SPINK BUTLER CLAPP, LLP FAX:208 388 1001 PAGE 3i 3
RLUIPA's scope is broad in terms of its preemption of local land use regulations in connection
with religious exercise.
The design of each LDS Stake structure has long been established to include a steeple in
proportion to the structure as is found in this application. Restricting the height of the steeple
would place a substantial burden on the exercise of the Church's religion and the use of the
Church's property with no compelling government interest in proscribing the height as designed.
As we have mentioned in our application to the County, the applicant is asking the County to
acknowledge the federal preemption in connection with the protection of religious exercise
thereby exempting the Church's Stake building from the height restriction.' We ask the same of
the City of Eagle.
Sincerely,
„\,
JoAnn C. Butler
JCB/jfb
cc: Terry Bradshaw, via fax
Brian Bennion, via fax
Jeff Lowe, via fax
2 The Church is not asking for a variance from the height standard in the zoning ordinance.
The variance process is preempted by the federal protections of RLUIPA.