[ApaTexas] Store front churches

[Roth, Richard]

My understanding of RLUIPA is that you simply have to make sure you do
not single churches out and treat them any differently from more general
use categories; so you might be able to say something about the number
of people/ tied to parking impact, etc. but you can not "zone-out" a
church due to concern about the impacts, you have to look at the
specific impacts and require mitigation for those.  I would agree that
access and parking is  generally be the best way to limit the impact ;
often having the effect of reducing the size of the use that gets built.

 

Rick Roth, AICP

Senior Planner, Development & Planning

City of Dallas

Trinity River Corridor Project

Room 6BS

1500 Marilla Street

214-671-9545 (phone)

214-670-3226 (fax)

 

________________________________

From: Audra Buckley [mailto:ABuckley at cokercompany.com] 
Sent: Thursday, May 15, 2008 10:52 AM
To: Kelly Templin; Fred Morris; apatexas at list.planning.org
Subject: Re: [ApaTexas] Store front churches

 

Yes, I believe Kelly is correct.  The federal government passed RLUIPA
in 2001 or possibly 2002 and many of the statutes passed since are based
on this act.  The only legal way that I know of to regulate the location
of churches is via access and parking requirements.  Anybody else?  

 

Audra Buckley, Planner

Michael R. Coker Company, Inc.

2700 Swiss Avenue, Suite 100

Dallas, TX 75204

(214) 821-6105 (v) ext. 207

(214) 821-6125 (f)

 

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Kelly Templin
Sent: Thursday, May 15, 2008 9:21 AM
To: Fred Morris; apatexas at list.planning.org
Subject: Re: [ApaTexas] Store front churches

 

Fred:

 

I believe the Texas Religious Freedom Act will preempt any attempt you
may make to have churches abide by zoning.  This "act" exempted
religious sanctuaries from zoning's locational criteria statewide.  They
will still have to meet with other aspects of your codes (parking,
landscaping, building, etc.).

 

It might surprise you (but probably not) that the Attorney General
proffered up the TRFA whilst in the middle of his reelection campaign...

 

Kelly E. Templin, AICP

City of Seabrook

1700 First Street

Seabrook, TX 77586

www.ci.seabrook.tx.us <http://www.ci.seabrook.tx.us> 

281.291.5731

281.291.5690 (fax)

________________________________

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Fred Morris
Sent: Thursday, May 15, 2008 9:01 AM
To: apatexas at list.planning.org
Subject: [ApaTexas] Store front churches

 

In efforts to stimulate downtown economic development/revitalization, we
are looking closely at the allowable use charts. Bail Bonding offices
have recently been removed and I'm curious if other cities have
restricted/removed churches as an allowable use by right in downtown
areas. Belton is the County seat, with the historic courthouse square
but we also have jail & courts complex.  

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