Fairview Residents United to Preserve Zoning Laws
Fairview United is a grassroots group of residents in the small country town of Fairview, Texas. The community lives harmoniously amongst multiple faiths and prides itself on welcoming all forms of worship.
Buildings proposed in Residential (RE-1) zones must comply with the town’s zoning codes, ordinances, and precedents. Fairview residents are required to abide by the same restrictions. We support building the LDS temple, but it must comply with Fairview zoning laws.
PROPOSED STRUCTURE
This building size and scale are completely inappropriate for our residential areas
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Image For Illustrative Purposes Only. Not Actual McKinney Temple.
The
Overview
The Church of Jesus Christ of Latter Day Saints is aggressively pursuing a 173’8” tall (65’ building with a 108’8” steeple/spire), 45,375 square foot temple as close as 500’ from homes in Residential (RE-1) zoning. The LDS already benefits from the most favorable zoning exception for height in the Town with its existing Meeting House. The scope and scale are not only in direct violation of existing residential ordinances and precedents; they dwarf every other structure built in the district and ultimately demonstrate a lack of respect for the neighborhood.
Despite pleas for neighborly negotiation, the Town and residents have faced threats of a lawsuit by the LDS attorneys, going so far as to state that a lawsuit could “bankrupt the town,” creating a David and Goliath dynamic for our small Town.
FAQ
Your questions, answered
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How is the proposed building out of compliance with the zoning?The land is zoned for residential construction, which has a 35' height limit. They are proposing a 65' tall building with a 173' tall steeple. Both are significantly out of compliance. In addition, the lighting proposed will not meet our dark sky ordinance.
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What is RLUIPA, and why does the LDS think it allows them to ignore our zoning regulations?The Federal Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed in 2000 after being written by some LDS senators. It give churches and other religious assemblies and organizations, such as home Bible studies, the protection of specific federal statutes against overly burdensome, restrictive, or discriminatory land use regulation. It's still being tested in the courts, but in general, having to comply with reasonable zoning restrictions is still required. The LDS leadership is telling their members to claim that a tall steeple is part of their religious practice, but there is ample evidence to the contrary. RLUIPA interpretation 1 | RLUIPA interpretation 2
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Why shouldn't the town allow them to build whatever they want?If the town allows the temple to be built so far above the zoning height limits, it will set a new precedent. Any other religion can now build to those heights on any residential parcel in town - or they can claim the town is discriminating against their religion. If other churches were denied past requests, they could sue the town for being denied equal religious rights. The LDS meeting house already got the highest exemption with their existing 68' steeple - which still, 8 years later, violates the town lighting ordinances.
Send an email to Fairview Town Staff (Israel Roberts - iroberts@fairviewtexas.org) to oppose the CUP and express your concerns. See a sample of letters already sent. Sample Letter 1 | Sample Letter 2
SEND AN EMAIL
Spread awareness of the issue by talking to your friends and neighbors. Ask them if they've signed the petition and get in touch with us.
TALK TO YOUR FRIENDS AND NEIGHBORS
Attend the August 6, 2024 Town Council Meeting to show your support. The location is Accasia’s Event Venue, 351 Southwind Lane, Fairview. Time is 7:30 PM, but arrive early. Wear your Fairview United t-shirt or a green shirt.
ATTEND THE NEXT MEETING
You'll get important updates, including where you can sign the petition, stay informed and how to get involved.
JOIN OUR NEWSLETTER LIST
Every dollar donated helps to organize our town to fight back. Your donations will fund research, marketing, and ultimately help us to inform all Fairview residents.
MAKE A DONATION
For a limited time, donate $25 or more and then send us a message and we’ll gift you a Fairview United t-shirt! Please remember to indicate your size* in your message.
*We will do our best to provide the size requested, but may not be guaranteed.
DONATE & GET A FREE T-SHIRT
TAKE ACTION
Here's How You Can Help!
SIGN THE PETITION
HIGH PRIORITY
The petition urges our Town Council to uphold our residential zoning ordinances and precedents, limiting the LDS temple to 39'10" roof height and 68' for the steeple/spire. It also supports our dark skies ordinance.
In order to sign this Petition, you must be:
1) A resident of Fairview; and
2) 18 years and older.
Each member of your household over 18 may sign.
Please look for opportunities to sign. We also will come to you! Please contact us.
LINKS & MORE
Find out what people are saying:
1. News Stories:
LDS bullying small towns
Plan to build tallest building in Fairview faces latest obstacle
Fairview/McKinney Temple city ordinance exceptions denied in planning and zoning meeting last night
Why A Small Texas Town is taking on the Mormon Church
Why this (proposed) LDS temple in Texas is at the center of controversy
Fairview neighbors concerned by size of projected Mormon temple
Fairview Faces Legal Threat as P&Z Votes Down Proposed Mormon Temple Design
Cody Is Not The Only Community Suing Over LDS…
Texas town battles Church of Jesus Christ of Latter-day Saints’ plan to build temple Religion
2. Videos: Fairview Town Council Meeting, with introductory information & Commentary | An LDS member counters the LDS arguments | Mormonish Podcast - LDS Coaching Members
CBS Texas: Community steeped in controversy | CBS Texas: Plan to build tallest building in Fairview faces latest obstacle | CBS Texas: Size of church steeple causing controversy in Fairview | WFAA: Proposed LDS temple gets pushback in Fairview | Nemo The Mormon
3. LDS Communication: Messages to their members have been misleading and deceptive. A building shouldn't be built on a foundation of lies and deceit. | A sample of their false information
4. Many LDS members are bravely speaking out against these mega-temples: | Letter to Leadership | post by a member
5. Here are the CUPs for church buildings in Fairview:
Faith Church DocA DocB | Chase Oaks | Friendship | LDS Meeting House (tallest steeple exception) | Creekwood UMC DocA DocB | Proof that Creekwood UMC was not granted a 154' bell tower
6. The proposed Temple will cast a shadow on neighboring homes: Render A Render B
8. Notable Images for Download: Traffic Issues | Proposed Temple | Too Tall, Too Big
9. Fairview United Newsletters: Issue #1 | Issue #2 | Issue #3
Debunking the Misinformation
This podcast debunks LDS’s bell tower argument. They are attempting to prove that a 154' bell tower was previously approved at another religious facility, however the bell tower was never approved nor ever built. There is no 154' bell tower in existence. The LDS should stop trying to find a legal loophole and do what is ethically and morally correct. Build a suitable scale building, or find a more suitable site for this giant structure.
Get
in Touch
About the Issue
The Church of Jesus Christ of Latter Day Saints (LDS) is aggressively pursuing a 173’ 8” tall temple that does not comply with the Town of Fairview's Residential (RE-1) zoning laws. The maximum height restriction is 35’ for buildings in RE-1 zone.
LDS has applied for a Conditional Use Permit (CUP) which includes the following: 65' roof height with a 108' 8" steeple/spire height, for a total of 173’ 8” in height. The square footage of this temple is 45,375 and will be built 500’ from residential homes.
Project Location
The temple is proposed to be built on Stacy Road just west of Meandering Way in Fairview, TX. The land is zoned for residential RE-1. However, churches have been allowed to build there, including an LDS church/meeting house. The proposed temple will be built next to their church/meeting house on a plot of land that is only 8.1 acres. Twin Creeks Church of Christ will be building their church to the east of the LDS temple.
Proposed Temple
The proposed temple will tower over the town and local homes. At a 173’ 8”, it will be the tallest structure in the town of Fairview, including Town Hall.
Traffic Issues
Stacy Road is already heavily travelled. A temple of this size will significantly add more traffic and congestion. This temple will be utilized Tuesday-Saturday, 7:00 AM to 10:00 PM. It is estimated that the temple will host up to 80,000 patrons per month. This equates to approximately 27,000 additional cars that will be using Stacy Road to access this temple.
The LDS-sponsored traffic Due Diligence Study by Fehr & Peers indicates at least 3 failing intersections between Meandering Way and Hwy. 5, requiring additional traffic signals and a driveway connecting to Meandering Way. A traffic due diligence study is not the same thing as a traffic impact study (TIS). Fehr & Peers recommends the LDS work with the town to produce a TIS that meets city and state requirements. This has not been done to date.
Too Tall & Too Big
Their proposed temple height of 173’ 8” is 105’ 8” taller than our current precedent of 68’; and their roof height of 65’ is 25’ 2” taller than our current precedent of 39’ 10”.
LDS church/meeting house was granted the tallest variance in RE-1, creating a new precedent of 68’. They currently have the tallest structure in RE-1 zone.
Obstructed Views
Long-time homeowners have purchased and lived in our community for decades, with the reliance upon the RE-1 zoning laws to protect our properties. Built only 500’ from residential homes, it will obstruct the view of the sunset and cast large shadows for many homeowners.
Such an aberration from the current zoning laws is an affront to the current homeowners and is not in alignment with Fairview and its values.
Not Dark Sky Compliant
The vast majority of LDS Temples are extremely well-lit from top to bottom. Any cursory review of LDS Temple photos will show the brightness of their typical lighting plans.
MARCH 2024
The LDS submits an application for a Conditional Use Permit (CUP).
01
APRIL 11, 2024
The project was presented at the Fairview Planning & Zoning meeting. Agenda item: Conduct a public hearing, consider and recommend a request for approval of a religious facility's Conditional Use Permit (CUP). The 8.1-acre site is located on the north side of Stacy Road, west of Meandering Way, and is zoned for the (RE-1) One-acre Ranch Estate District. Applicant: Tom Coppin, Kimley-Horn and Associates, representing owners of The Church of Jesus Christ of Latter-Day Saints.
The LDS requested a continuance from the Planning & Zoning Commission. The request was passed by a vote of: Yes 7, No 0, Abstained 0. The public hearing was rescheduled to May 9, 2024.
02
MAY 3, 2024
The LDS invited nearby residents to an Open House. Rather than being welcomed, the residents were threatened with legal action if they did not accept the size and scope of the temple.
03
MAY 9, 2024
The CUP is presented to the Planning & Zoning (P&Z) Commission. It is denied by a vote of 6 to 1. The P&Z is a recommending body; therefore, the next step is to present the CUP to the Town Council for approval or denial. However, since the P&Z denied the CUP, the Town Council can only pass the CUP with a supermajority.
04
JUNE 4, 2024
LDS lawyers meet with the Town Council members hours before the Town Council meeting, requesting a continuance to August 6, 2024. The Town of Fairview rented Accasia’s Event Venue to accommodate the anticipated crowds. The LDS mobilized thousands of members to flood the meeting, taking up most of the seating and disenfranchising many Fairview residents from their own Town Council meeting.
05
JULY 11, 2024
On June 4, 2024, the LDS requested and was granted a 2nd continuance, in a good faith attempt to provide them with time to modify their building plans to meet Fairview zoning laws. On July 11, 2024, the LDS representatives met with Mayor Lessner and Mayor Pro Tem Hubbard. The LDS’s concessions were to change the temple name and reduce the height by approximately 15’. Fairview declined their offer as it did not come close to meeting Fairview residential codes, ordinances and precedents. LDS now claims that their representatives were prevented from meeting in private with all the Town Council Members to negotiate a compromise. The Texas Open Meetings Act specifically prohibits such meetings (Walking Quorum violation). The CUP will go before the Town Council for approval or denial on August 6, 2024.
06
AUGUST 6, 2024
The CUP request is on the Town Council agenda.