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HomeMy WebLinkAboutCorrespondence u u Oobosiewicz, Jon C From: Sent: To: Subject: Dutcher, Dan [ddutcher@ncaa.org] Tuesday, October 01,20029:19 AM Jon Dobosiewicz (E-mail); Dave Cremeans (E-mail) Definitions rewrite Jon and Dave: Greetings from Cape Cod. Sunny and 80 today, supposedly. Brief additional comments on the definitions rewrite. * Golf course (Dave your expertise is ideal on this one) Does it really need to have at least nine holes? I think the definition works fine without a specific number of holes. * Knox Box. I don't know what this is, but I often see it in the Tech Advisory Connittee notes. Should it be included in the definitions? * Recreational facility, public. We have a definition for recreational facility, private. Shouldn't we also define a public recreational facility? * Road, stub. This is not included in my version of the definitions (it might appear in subsequent versions), but I think we need this. * Theatre, outdoor. We define indoor theatre. Should we not also define outdoor theatre? That's it. Sorry to miss tonight's meeting. Dan Dutcher Chief of Staff for Div. III NCAA ddutcher@ncaa.org www.ncaa.org - f V '-/l-><- I d--. 6)( '--- 1 USATODAY.com - GIant cllUrches IrK some nelgnoors ra):;C.LIJU t <!~ PRINTTHIS Giant churches irk some neighbors By Haya El Nasser, USA TODAY RueH, Ore. - When a church bought several acres in this bucolic comer ofthe Applegate Valley, Jim Hicks envisioned waking up to the chiming of bells and the soothing melody of hymns. At the Applegate Christian Fellowship outdoor a mplitheater, nearly 2500 attended Sunday's services in Ruch. Oregon. By Jack Gruber. USA TODAY But on a typical Sunday morning, Hicks is jolted at 7 by the crackling sound of amplifiers and the banging of dnlms. By 9, the steady rumble of hundreds of cars turning into the Applegate Christian Fellowship's parking lot drowns but the sound of chirping birds andrustling leaves. By 10, sermons and music broadcast on loudspeakers echo more than a mile away. With a congregation of more than 5,000, the Applegate Christian Fellowship is no quaint country church. It's a megachurch ~ and part of the latest hot spot in the national debate over sprawl. Sprouting up in the countryside, suburbs and cities, many of these giant houses of worship are antagonizing neighbors and local offidais who say the churches cause noise, traffic jams and environmental damage. Churches also are exempt from property taxes, and some communities bemoan the loss of revenue they could othelV1ise collect for roads, police and other services. Especially controversial are the non-traditional services that megachurches are offering, from hotels and day-care centers to bookstores mid health clubs - activities tl1atoften would not be permitted in residential neighborhoods ifthey weren't on church grOlmds. These quasi-business ventures bring in people and generate traffic throughout the week, not just on Sundays. Churches, protected both by the First Amendment right to freedom of religious 'expression and by a sweeping new federal law, are proving to be powerful adversaries. They have filed about 50 lawsuits against localgovemments trying to regulate their size and location. They argue that zoning and parking restrictions infringe on the constitutional right of religious freedom because they don't allow churches to meet the needs of their growing congregations. Many lavvyers expect http://usatoday.printthis.cIickability.comlptiprintThis?clickMap=printThis&fb=Y &... Wednesday, September 25, 2002 USATODA Y.com - Giant churches irk some neighbors 'the issue to reach the U.S. Supreme G. Page20t) o For now, most of the fighting is happening,in neighborhoods. I "We've been called everything from demonic henchmen to agents of the devil," says Hicks, 52, a retir'ed computer specialist who lives on land his family has owned for ahnost 40 years. "What we're going after has nothing to do with their religion. ...Our lifestyle has gotten to be curtailed around what they do, their comings and goings, especially on Sunday. They told us, if we didn't like it, to move." Joe Stroble, part of Applegate Christian's leadership, s~ys, "We believe here that we have one purpose: To preach the gospel to anyone and everyone who wants to hear it." Oue-stop shopping Applegate is one of 700 megachurches in the USA - double the number in 1990. Most have settled where the population has grown the most: the suburbs of large cities. Defined as churches that attract at least 2,000 worshippers a week, these Protestant organizations also followed the population boom in the Sun Belt: 73% are in the South or West. Mostly evangelical in doctrine, megachurches have changed the religious experience for thousands of worshippers who come from miles around for more than sermons and prayers. Usually founded or headed by charismatic pastors, the market-savvy churches target busy baby boomers and their kids, promoting one-stop shopping under their roofs. Take in a sermon, work out marital problems, then work out at the health club. Sip a latte at the coffee shop, browse in the bookstore and make a deposit at the credit union. "All these and other non-traditional church activities may be theoretically protected as religious uses and may not be excluded from even the most quiet secluded residential neighborhood," says Jonathan Weiss, director of the Center on Sustainable Growth at George Washington University in Washington, D.C. Prestonwood Baptist Church, in Plana, Texas, near Dallas, has 15 ball fields, a '50s-style diner and a fitness center. It soon will add a coffee shop and a food court. Brentwood Baptist Church in Houston has a McDonald's. The church commissioned demographic research to see how it could serve its 10,000 members and reach out to more. It found a shortage of restaurants in the neighborhood of the Ill-acre church campus. So Brentwood five months ago became the first to have a McDonald's franchise on church grounds - drive~through window and golden arches included. The restaurant is open to the public during regular church hours. Because proceeds go the church's youth programs, customers pay no sales tax. "The reasons why churches are getting bigger are the same reasons why your Costeo, your Wal- Mart, your Home Depot and Lowes are expanding and are successful/' says Charlie Bradshaw, executive pastor of North Coast Church, which has 5,500 members in Vista, Calif., a suburb of San Diego. "They're providing what you're looking for in options and prices, and that's why people are driving by the mom 'n' pop stores." In some communities, megachurches are chuming as much community anger as reviled big-box retailers: The Greenwood Community Church ill the tony Denver suburb of Greenwood Village has run out of room for its 2,000 members. 'i,Vhen it proposed adding 28,600 square feet and 250 parking http://usatoday.printthis.clickability.com/ptlprintThis?c1ickMap=printThis&fb= Y &... Wedn,esday, September 25, 2002 U~ATULJA Y .com - lJJam enurcnes IrK some neIgnoors ''Spaces, neighbors howled and the tOi~OUllCil nixed the request, saying it wOl~create too much neighborhood traffic. The church sued. "If this was a Kmart, the city could've denied the special ;;use permit without running afoul of federal law, " says Lee Phillips, city attorney. Page30t3 Castle Hills, Texas, a suburb of San Antonio, is fighting the I7,OOO-member Castle Hills Baptist Church in court. The church bought six residential lots to add parking. The city allowed it to demolish the homes on the lots but vetoed the parking lot. The church sued, charging that the city is waging a "campaign against places of worship. " In onereply, the city said the church "seems to grow like a cancer, feeding on homes in much the same way as a cancerous tumor feeds on healthy cells." If a city enacts "a regulation that has a clear rational connection to the public interest and is not intended to be discriminatory, there's no reason why it shouldn't stand up (in court)," says Jim Schwab, senior research associate with the American Planning Association in Chicago. He says communities' concerns are legitimate. "Churches are not just for Sunday morning anymore," he says. "They're 24-7." Power of law Churches now have more than constitutional protections and the word of God to fight back. Congress in 2000 enacted the Religious Land Use and Institutionalized Persons Act to prevent cities from using zoning laws to keep out religious institutions. It essentially gives churches the freedom to ignore local land-use restrictions unless there is a "compelling govennnental interest" to stop them from building what they want. Churches generally are not exempt from environmental or safety ordinances, such as pollution and fire codes. But when the issues are design, height or parking limits and zoning restrictions, ambiguity remains over what constitutes a compelling goverrunental interest. Does the loss of tax revenue qualify? How about noise or traffic? That's why plmmers hope courts will define the law more clearly. ""What's to stop churches from being the subdivision of the future?" asks James Kushner, professor at Southwestern University School of Law in Los Angeles. "'Vhat's to stop a church from being a Day-Glo church? What if it's in a historic place or building? Are they free to tear it down and modifY it any way they want?" Many cities say the federallaw'is unconstitutional because local governments - not the federal government - have the power to make land use and zoning decisions. But a federal district court in Philadelphia found the statute constitutional earlier this year. An appeal is pending. "The anti-sprawl movement cannot allow people to locate in exurbs but deny them from building churches," says Anthony Picarello, general counsel for The Becket Fund for Religious Liberty, a public-interest law firm that has joined several churches in court battles. Conflict in Oregon Located on 85 acres in southern Oregon's wine and pear country, Applegate Christian Fellowship has a 1,200-seat sanctuary, an outdoor amphitheater that can accommodate 2,500, paved parking for 750 cars, three barbecue pits, 20 cabins, classrooms, child-care facilities and a coffee house. Traffic in and out of the church is so heavy at times that neighbors say they can't get on a two-lane http://usatoday.printthis.clickability.com/ptlprintThis?clickMap=printThis& fb=Y &... Wednesday, September 25,2002 USA TODA Ycom - Giant churches irk some neighbors state highway until after services starO t'age4oD o Worse, to its critics, the church built some of its structures without penuits .and in a IOO-year flood plain. In a state where protecting the environment is almost a religion, the church is under fire. On Sunday mornings, volunteers scrape the barbecues, set up the coffee kiosks and direct traffic in the parking lot while the band members tunes their instruments. Families, dressed in their best Sunday casual wear - shorts, midriffs, jeans, flip-flops - head for the outdoor amphitheater. They layout blankets and stadium cushions on the grassy tiers and sip coffee and soda. Some choose a spot in the sun and catch some rays. Musicians and singers take the stage - a rocky garden surrounded by brightly colored impatiens. The songs that praise Jesus are folksy. Many sing along, raising their hands to the sky. This concert-in-the-park atmosphere appeals to young and old. Elic Mellgren, police chiefin nearby Medford, attends with his teenage son. There are doctors, businessmen, clerical workers, teenagers and toddlers. Pastor Peter-John Courson climbs the stage in shorts and sneakers. He makes jokes, talks about current events and walks into the baptismal pool as dozens of people line up for their chance to be born again. Everyone is rejoicing - except neighbors and community activists who dislike the noise and traffic. "Many of us chose to live here because we don't want an urban environment," says Ellen Levine, chair of the Greater Applegate Community Development Corp. "The impact (of the church) is the same as if a large manufacturing fiml moved in and suddenly hired 1,000 employees." Local officials cited the church for building parking lots, bridges and the amphitheater without getting permits. "It was ignorance on our part," church leader Stroble says. The church could be required to take down the amphitheater, apply for permits and rebuild. Stroble doesn't rule out the possibility of suing under the religious land use law. "We don't want to go into the courts,lI he says. "That's not at all what we're about. Where we're pushed and what we're forced to do, we don't Imow yet." Many communities don't want to take on megachurches. Big religious institutions can afford lengthy court battles and they have the power of huge congregations - many of them voters- behind them. Weiss, the growth expert at George Washington University, says communities should work closely with their neW neighbors to stop them from sprawling "in contradiction to the Christian ethos of being a good neighbor." "This must be done on a consensus basis," he says, "because there is little by way of practical legal mechanisms to control a megachurch." Find this article at: http://www.usatoday.comlnews/acovmon.htm http://usatoday.printthis .c1ickability .com/pt/printThis?clickMap=printThis&fb= Y&.. . Wednesday, September 25, 2002 U:SA 1 UlJA Y .com - l.Jlanr cnurcnes IrK some nelgnDOfs . r Check the box to include the list of links ref6(.;8d in the article. u News . ~C.t1t:&:::h Books Autos Page5015 http://usatoday.printthis.c1ickability.com/pt/printThis?clickMap=printThis&fb= Y &... \V ednesday, September 25, 2002 u u .Lillig, Laurence M .~ Lillig, Laurence M Friday, May 31,20023:43 PM 'jmartz@topics.com' ~ Hollibaugh, Mike P; Dobosiewic2Y."3olJ~('jfJbaW~r.lce, Kelli A; Hancock, Ramona B; Pattyn, Dawn E; Hanson, Brian P . /:.yY ~) Docket No. 39-02 OA; usei~~le R~. ctl/ED \~~ ~ ~~1 31 2002 at <PI Please publish first available date in the Noblesville Ledg--;j;.~, nOCS 1$ . . ~" ^' Attached is the Notice of Public Hearing before the Plan C:n;'~~?i\X,l~rp~et No. 39-02 OA: ~~ From: Sent: To: Cc: Subject: Jane: ~ 2002-05-31; 39-02 OA; Commissi... If you have any questions, please call me or email. Thanks. Laurence M. Lillig, Jr. Planning & Zoning Administrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 317/571-2417 fax: 317/571-2426 llillig@ci.carmel.in.us 1 1. u u Docket No. 39-02 OA ;. ""'r' l:J r- 1- 1'-1 /Tc.C~ NOTICE OF PUBLIC HEARING BE FORi"" HA)' 3/Veo THE CARMEL/CLAY PLAN COMMISSi~ DOCS lOO,? Notice is hereby given that the Carmel/Clay Plan Commission will hold a pUbl~iearing upon a Petition To Amend Zoning Ordinance pursuant to the apphcation and plans filed with the Deparfi::;~!:~~~n{~::;st;rvices as follows: ~ Amend Sections 5. j: Permitted Uses, 5.2. Special Uses and 5.2.3: Special Exceptions of the S-l/Residence District; Sections 6. I: Permitted U~es and 6.2: Special Uses of the S-2/Residence District; Sections 7.1: Permitted Uses and 7.2: Special Uses of the R-1/Residence District; Sections 8.1: Permitted Uses and 82: Special [J~es of the R-2/Residence District; Sections 9./: Permitted Uses and 9.2: Special Uses of the R- 3/Residence District; Sections 10.1: Permitted Uses and 10.2: Special U~es of the R-4/Residence District; Sections 11.1: Permitted [!s'es and 1 j .2: Special Uses of the R-5/Residence District; Sections 12.1: Permitted Uses and 121. Special Uses of the B-l/Business District; Sections 13.1: Permitted Uses and 13.2. Special Uses of the B-2/Business District; Sections 14.1: Permitted Uses and 14.2: Special Uses of the B-3/Business District; Seclions 15.1: Permitted Uses and J 5.2: Special Uses of the B-4/Business District; Sections 16.1: Pennitted Uses and 16.2: Special Uses of the B-5/Business District; Sections 17.1: Permitled Uses and J 7.2: Special Uses of the B-6/Business District; Sections 18.1: Permitted (hes and 18.2' Special Uses of the B-7/Business District; Sections 19.1: Permitted Uses and 1Y.2: Special Uses of the B-S/Business District; Sections 2UA.l: Permitted Uses and 20A.2: Special U~es of the I-l/Industrial District; Sections 20B.l: Permitred Uses and 20B.2: Special Uses of the M-IIManufacturing District; Sections 20C J. Permitted Uses and 20C2: Special Uses of the M-2/Manufacturing District; Sections 20D.I: Permitted UI'es and 20D.2: Special Uses of the M-3/Manulaeturing District; Section 20E.1: Permitted Uses of the C-IICity Center District; Section 20F.I: Permitted Uses of the C-2/01d Town District; Repeal Section 200.4.8: Prohibited Uses of the OM/Old Meridian District; Amend Sections 200,5.1: Single-Family Attached Zone; /I, Permitted Uses; 200,5.2: Multi-Family Housing Zone; A: Permitted Uses; 200.5J Village Zone; A: Permitted Uses; 200.5.4: Mixed Use Zone; A: Permitted Uses; 200.5.5: Office Zone; A: Permitred Uses; and 200.5.6. Special Use Zone; A: Permitted Uses of the OM/Old Meridian District; and Section 23C5: Excluded U~es of the US 421/Michigan Road Overlay Zone; and Adopting Appendix A: Schedule of Uses. Designated as Docket No. 39-02 OA, the hearing will be held on Tuesday, June 18, 2002, at 7:00 PM in the Council Chamber, Carmel City Hall, One Civic Square, Carmel, IN 46032. The file for this proposal (Docket No. 39-02 OA) is on file at the Carmel Department of Community Services, One Civic Square, Carmel, Indiana 46032, and may be viewed Monday through Friday between the hours of 8:00 AM and 5:00 PM. Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and objections will be presented to the Commission. Any oTal comments concerning the proposal will be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the hearing may be continued from time to time by the Conmussion as it may find necessary. Ramona Hancock, Secretary Carmel/Clay Plan Conmlission Dated: May 31,2002 u u LiIHg, Laurence M 89-02. OA From: Sent: To: Cc: SUbject: Lillig, Laurence M Friday, April 26, 2002 10:30 AM A Gallagher, Carrie A T Dobosiewicz, Jon C ~'~~~~W'~~. RE: Carey's Addition, Lot 8 ( 'rl)2 b.) ;1,"1) Al l O}Ji.. DOCS We're sending it to the Plan Commission for Public Hearing on Tuesday, June 18th, and I anticipate that we will request that the Commission suspend the Rules to vote on it that night, so we would send it to the next available Council agenda following that date. Z-382-02 (patch III) will be on the May 2nd agenda of the Special Study Committee. Assuming it comes out of Committee, the Plan Commission will make its recommendation May 16th. ~ Z-383-02 (Use Table) is slightly behind the schedule we had originally anticipated, and will be going to the Plan Commission for Public Hearing May 16th. I would now anticipate a July Council date for that item. Laurence -----Original Message---- From: Gallagher, Carrie A Sent: Friday, April 26, 2002 10:14 AM To: Lillig, Laurence M Subject: RE: Carey's Addition, Lot 8 (57-02 Z) Sure, that will be No. 2-385-02. Please advise the approximate date this matter will come for public hearing. Also, just an inquiry if either of the "Mayfl possibilities will be coming for the next meeting on May 6th? I have numbers out for Patl.:h III - Various Provisions and UJe Table Adoption? Thanks! -....Original Message-- From: Ullig, Laurence M Sent: Thursday, April 25, 2002 12:23 PM To: Gallagher, Carrie A Cc: Doboslewicz, Jon C Subject: Carey's Addition, Lot 8 (57-02 Z) Carrie, Would you please assign a Z- Ordinance No. to the rezone petition for Carey's Addition, Lot 8. The rezone is from the R-3/Residence and the B-IlBusiness District Classifications within the Old Town District Overlay Zone to the R-3/Residence District Classification within the Old Town District Overlay Zone. Thanks. Laurence M. Lillig, Jr. Planning & Zoning Administrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 317/571-2417 fax: 317/571-2426 llillig@ci.carmel.in.us 1