[ApaTexas] Store front churches

Ted McConaghy Ted.McConaghy at doucet-austin.com
Thu May 15 15:11:31 CDT 2008


Please stop replying to all on this everyone, i have received about 20
responses already on this issue.
 
 
Ted McConaghy, AICP
Senior Planner
 
 
 

	-----Original Message-----
	From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Dan C. Boutwell
	Sent: Thursday, May 15, 2008 2:52 PM
	To: Kurt.Schulte at kimley-horn.com; knilssen at cityofforney.org;
ABuckley at cokercompany.com; ktemplin at ci.seabrook.tx.us;
fmorris at ci.belton.tx.us; apatexas at list.planning.org
	Subject: Re: [ApaTexas] Store front churches
	
	

	Mr. Schulte,

	I regret you are bothered with the responses.  However, they are
very helpful to me since we are also addressing this issue with some of
our other clients.  We would appreciate continuing the 'reply to all".
Perhaps your name needs to be removed from the list.

	 

	Respectfully submitted,

	Municipal Planning Resources Group, Inc.

	Dan

	Dan C. Boutwell, AICP

	
________________________________


	From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of
Kurt.Schulte at kimley-horn.com
	Sent: Thursday, May 15, 2008 12:07 PM
	To: knilssen at cityofforney.org; ABuckley at cokercompany.com;
ktemplin at ci.seabrook.tx.us; fmorris at ci.belton.tx.us;
apatexas at list.planning.org
	Subject: Re: [ApaTexas] Store front churches

	 

	While this dialog is interesting my email is crowded enough.
Please stop the reply to all.
	 
	-----Original Message-----
	From: Kathryn Nilssen <knilssen at cityofforney.org>
	Sent: Thursday, May 15, 2008 12:00 PM
	To: 'Audra Buckley' <ABuckley at cokercompany.com>; 'Kelly Templin'
<ktemplin at ci.seabrook.tx.us>; 'Fred Morris' <fmorris at ci.belton.tx.us>;
apatexas at list.planning.org <apatexas at list.planning.org>
	Subject: Re: [ApaTexas] Store front churches
	 

	Yes I agree.  Churches are technically 

	permitted by right in any zoning district but they must follow
all other regulations.  For new construction, our zoning designates a
church to follow a Neighborhood Services set of regulations (as well as
schools and daycares).  Subregs are followed as if the church is a
commercial use.  If a church goes into an existing structure the only
restriction would be the number of parking spaces available and of
course any building code changes if the structure is converting to an
"assembly use".  Depending on size they may have to sprinkle and that
can be an economic hurdle.  

	 

	Kathryn Nilssen

	Director of Planning

	City of Forney

	100 West Broad Street, Suite D

	P.O. Box 826

	Forney, TX 75126

	972-564-7300 Ext 186 

	knilssen at cityofforney.org

	 

	 

	 

	 

	 

	-----Original Message-----
	From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Audra Buckley
	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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