The Oro Valley Church of the Nazarene (OVCN) is playing hardball regarding its plan to build a major sports facility next to their church. This is located at the north east corner of W Calle Concordia and N Buena Vista.
It is their contention that they are entitled to do anything they want with the property regardless of what is the zoning because they are a religious institution . Indeed, they contend that the town has no jurisdiction to oversee this.
Their position is presented in a letter dated June 13, 2022 (Page 82 of linked document) to the Town of Oro Valley. The town has taken the position that it does have jurisdiction; that the plan should be properly vetted and that the zoning needs to change in order to accommodate OVCN.
It is clear from the letter that OCVN has no interest in the impact that the two facilities will have on the property owners in the area. Local owners are unanimously opposed to this venture.
According to the letter, the source of the “economic power” to use any property they own for any purpose they wish is the Religious Use and Institutional Persons Act (RLUIPA). The purpose of this law is to prevent “…religious institutions from discrimination in zoning…” in their practice of their religious freedom.
Their claim is that the sports activity is an extension of their ministry. Indeed, they call the facilities a
"Sports Ministry Field" and a "Multi-Use Ministry Building." According to OVCN, these are religious facilities.
"Sports Ministry Field" and a "Multi-Use Ministry Building." According to OVCN, these are religious facilities.
Key argument: Sports is an integral part of religion
The key argument that OVCN puts forth is that sports activities are an integral part of worship and religious life. As a result, applying RLUIPA: “The town lacks discretion to engage in any further inquiry as to the religious and/or non religious use of the facilities and must find…” that the requested use is permitted as a right of the R-144 zoning district.
OVCN also asserts they they can and possibly will minister at any event held in their facilities. “OVCN intends that third-party events will constitute only an incidental use of the Sports-Ministry Field and Multi-Use Ministry Building." These third party events include such things as the use of the church facility for Oro Valley Police Department training. The Town of Oro Valley has used the facility for public meetings.
OVCN also asserts they they can and possibly will minister at any event held in their facilities. “OVCN intends that third-party events will constitute only an incidental use of the Sports-Ministry Field and Multi-Use Ministry Building." These third party events include such things as the use of the church facility for Oro Valley Police Department training. The Town of Oro Valley has used the facility for public meetings.
OVCN partnering with "Upward Sports"... a "profit making" not for profit organization
OVCN is partnering with Upward Sports in this effort. According to them, Upward Sports “…is a ministry that is actively partnering with 1,500 churches nationwide.” Its formal name is "Upward Unlimited". They are a "not for profit" organization that is currently trying to sell its main facilities in Spartanburg, SC for up to $41mil, likely for a huge profit.
"This property ... previous Upward Sports Complex encompasses ±107 acres which have been subdivided and master planned for a wide variety of uses including multiple commercial assets and development land. Individual sites may be purchased separately or property may be sold in its entirety."
Here's a link to learn more about that.
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Want to learn more about this? Visit LOVE postings. Visit the Town of Oro Valley link for this project.
