Springs Temple appeal, stakeholder involvement, timeline of review,
agency review, PlanCOS compliance, Planning Commission decision,
height exemption, application review criteria, and optional motions.
President Pro Tem Risley asked if the Development Plan was approved
Administratively without any conditions. Ms. Baxter confirmed it was.
Councilmember Williams asked if the United States Air Force Academy
(USAFA) and Federal Aviation Administration (FAA) were in support of the
original project. Ms. Baxter confirmed they were.
Michael Kuhn, Esq., representing the appellant, Jennifer Kuhn, outlined the
applicant’s proposal, light fixtures, Planning Commission outcome, Unified
Development Code (UDC) Section 7.4.203(B)(2) design violation, visibility
from residential zones, dimensions of the spire, exterior lighting violations,
UDC exterior lighting requirements, applicant’s project statement, façade
lighting photometric statistics, Religious Land Use and Institutionalized
Persons Act (RLUIPA), and what they are requesting.
Carolynne White, Brownstein Hyatt Farber Schreck, representing the
applicant, The Church of Jesus Christ of Latter-Day Saints, identified their
project team, vicinity map, site plan, standard of review on appeal, Flying
Horse Master Plan amendment, regional existing temples, exterior/east
facade, compliance with UDC requirements, and context views. She went
over the lighting design compliance, elevation, fixture specifications,
illuminance diagram, lumens, footcandles, photometric analysis, and art
glass.
Councilmember Henjum asked if City Council is to determine the definition
of “top tier”. Sara Brewen, Attorney, Senior, City Attorney’s Office, stated if
City Council maintains the conditions placed by the Planning
Commission’s recommendation, they would need to clarify what was meant
by the top tier of the spire because it is not included in the UDC.
John Suthers, representing the applicant, identified the provisions of the
Religious Land Use And Institutionalized Persons Act (RLUIPA) and stated
this project is in full compliance with all local land use regulations, including
the lighting requirements. It is also supported by federal and constitutional
law and cannot be denied purely on aesthetic reasons.
Councilmember Henjum requested additional information regarding the
case in Massachusetts where the steeple height was lowered. Ms. White