[Vision2020] New Saint Andrews CUP 2005: Dnews 9-18-18 "Moscow to survey property owners, some residents "

Tue Sep 18 20:41:10 PDT 2018

Vision2020 Post: Ted Moffett
***** Original material contained herein is Copyright 2000 through life
plus 70 years, Ted Moffett.  Do not copy, forward, excerpt, or reproduce
outside the Vision2020.Moscow.com <http://vision2020.moscow.com/> forum
without the express written permission of the author.*****
------------------------------------
This month a local Moscow business operator insisted in an in-person
discussion that when New Saint Andrews first opened for business they
already had a "waiver" regarding the Central Business District zoning code
restrictions on educational
institutions.  I told them I understood this to not be the case... I
checked for verification of their claim, and as far as I have determined,
NSA did not have a "waiver" or a conditional use permit (CUP) granted till
2005, when they had opened in, I believe it was, 2002 or 2003?

I am bringing this subject up to Vision2020 especially now, because in
today's Moscow Pullman Daily News an article addressed this issue and a
pending survey regarding granting of any future CUPs for educational
institutions.
The article suggests (my interpretation) further expansion of NSA in the
CBD could be blocked.  Also, that among the four CUPs issued sine 2005,
three were for NSA expansion, the other for, and I quote:
"University of Idaho WWAMI Medical Education Program in the new Gritman
Medical Center Medical Office Building on South Main Street. The program
can house up to 40 students on the third floor of the building."

Another Moscow Pullman Daily News article, and a Vision2020 post from Bill
London, both from 2005, relevant to these issues, is copied-in lower down.

http://dnews.com/local/moscow-seeks-input-on-colleges-downtown/article_e70db706-8fa2-5833-b381-ef28b2ab370f.html

Moscow seeks input on colleges downtown Moscow to survey property owners,
some residents

   - By Garrett Cabeza, Daily News staff writer
   - Sep 18, 2018 Updated 9 hrs ago

Property owners in Moscow's Central Business Zoning District and some
residents will receive a survey from the city in the coming weeks asking
for their opinions on allowing more educational institutions in downtown
Moscow.

After more than 30 minutes of deliberation Monday night at City Hall of
whether the draft survey should be amended in certain areas, the Moscow
City Council authorized city staff to disperse the survey to residents.
City Supervisor Gary Riedner said he estimated the survey will be
distributed in the next two to three weeks.

In 2005, the City Council changed the city's zoning code to allow public
and private colleges and universities within the CBZD - or downtown Moscow
- with a conditional use permit.

The city has issued four CUPs for public and private colleges and
universities in the CBZD in the 13 years since the amendment.

New Saint Andrews College on South Main Street was among those issued a
CUP. The terms allow for the school to have up to 200 full-time students.
The conditions included 42 additional off-street parking spaces and 60
linear feet of street level commercial space open to the public.

The NSA parking lot on South Jackson Street was the second CUP the city
approved for an educational use downtown. NSA purchased the lot to meet the
off-street parking condition for its downtown college.

Last year, the city approved a CUP for NSA to expand into the former
Cadillac Jack's building on North Main Street. The permit allows for up to
300 full-time equivalent students but the school needs to provide 47
off-street parking spaces within a quarter mile of the CJ's building.

The city granted the fourth CUP last year for the University of Idaho WWAMI
Medical Education Program in the new Gritman Medical Center Medical Office
Building on South Main Street. The program can house up to 40 students on
the third floor of the building.

The survey says if the City Council decides colleges and universities
should no longer be allowed in the CBZD, the existing permitted public and
private schools would be allowed to continue to operate but would be
prohibited from any further expansion beyond what is currently permitted by
the existing CUP conditions.

The survey includes background on educational institutions within the
district, the CUP process and the four CUPs approved in the district since
2005.

In other business, the council approved:

   - A low bid of $49,877 from McCall's Classic Construction of Lewiston
   for the Itani Park concrete slab and pathway project.
   - Financial assistance for Sojourners' Alliance in the amount of $7,000
   to help purchase and install security systems at Sojourners' facilities.
   - A check for $4,216.13 was presented to Family Promise of the Palouse.
   The proceeds came from the fourth annual Mayor's Golf Tournament, which
   took place last month at the University of Idaho Golf Course.

------------------------------

*Garrett Cabeza* can be reached at (208) 883-4631, or by email to
*gcabeza at dnews.com*.

----------------------------------------------------

Daily News, January 22, 2005
*Complaint alleges New St. Andrews not permitted downtown by city code*

*Alexis Bacharach*

*A complaint was filed with the city of Moscow on Friday requesting
operations at New St. Andrews College be discontinued in the downtown
business district. *

*Attorney Mike Curley, who represents plaintiffs Joseph Hansen, Dustin
Bauer and Charles Nolan, said Moscow code prohibits public and private
colleges in the central business zone. The private Christian college
purchased the former Verizon building in 2002 and moved into the facility
in 2003. It is located at 405 S. Main St., on Friendship Square. *

*"I suppose some people realized the operation of a college in the central
business district was illegal and they wanted to stop it," Curley said
about his clients' motivations in filing the complaint. "I expect the
zoning administrator, as requested in the complaint, will investigate and
take some action." *

*Greg Dickison, attorney for New St. Andrews, said the complaint is
baseless. *

*"The college is not doing anything illegal," he said. "The college has
been in touch with the city since it opened up there. To say we're
violating the zoning code is absolutely silly." *

*Hansen, a former student at New St. Andrews, said he has nothing against
the school but believes its use is prohibited downtown. *

*"I want (New St. Andrews) to stay in Moscow. I was a student there for two
years, and I like (New St. Andrews) very much," he said. "It's just not
supposed be in the central business zone." *

*Moscow Community Development Director and Zoning Administrator Joel
Plaskon confirmed he received the complaint on Friday, but refused to
comment further *

*Curley provided the Daily News a copy of the complaint, signed by Hansen,
Bauer and Nolan. *

*"New Saint Andrews College is expressly prohibited from conducting
business at its current location in downtown Moscow," the complaint reads.
"We respectfully request that, as provided by Moscow City Code, you prevent
and restrain the continued illegal use of their building." *

*According to Moscow City Code, central business zones are supposed to
provide a 'location for groups of compatible commercial uses ..." *

*Permitted uses in the central business district include trade schools,
churches, museums, libraries, police and fire stations and other public and
private institutions. *

*"New Saint Andrews College (NSA) is a private college defined as 'an
educational institution' in Moscow City Code ...Educational institutions
are not allowed in the Central Business District under any circumstances,"
the complaint cites from Moscow City Code. "Therefore, NSA operates a
prohibited illegal business at its current location." *

*Dickison is not sure what the next step will be for New St. Andrews. *

*"We're exploring our options and we'll see what the proper response is,"
he said. *

** Staff writer Megan Doyle contributed to this story. *

*Alexis Bacharach can be reached at (208) 882-5561, ext. 234, or by e-mail
at abacharach at dnews.com <abacharach at dnews.com>. *

*Megan Doyle can be reached at (208) 882-5561, ext. 237, or by e-mail at
mdoyle at dnews.com <mdoyle at dnews.com>. *

*----------------------------------------------------------------*

*From:* vision2020-bounces at moscow.com <vision2020-bounces at moscow.com> *On
Behalf Of *Bill London
*Sent:* Saturday, January 22, 2005 9:21 AM
*To:* vision2020 at moscow.com
*Cc:* Nancy Chaney <nchaney at moscow.com>; John Dickinson <johnd at moscow.com>;
gina <ginagormley at hotmail.com>; PEG HAMLETT <peg_hamlett at sbcglobal.net>;
prall at moscow.com; Linda Pall <lpall at moscow.com>
*Subject:* [Vision2020] NSA illegal?

*When New St. Andrews college moved into downtown Moscow two years ago,
that use of downtown space was a violation of the city zoning ordinance.
In the city code for the zoning of the central business area, schools are
not a permitted use.  *

*"Commercial schools" like Leon's hairdresser school are permitted, but
educational institutions are not permitted.  You can read the code (see
section 3.5) at:*

*http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf
<http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf>*

*The Daily News (Saturday, 1/22/05, page 3A) included an article (see
below) about 3 residents who filed a complaint with the city about this
mistake.*

*Coupled with the NSA/Christ Church property tax scam, this seems to show a
pattern:*

*1. incompetent legal advice to NSA/Christ Church leadership -- or -- a
knowing violation of the law by the NSA/Christ Church officials*

*2. public-minded citizens forced to take their own time and resources to
force the NSA/Christ Church to follow the law*

*3. lack of oversight by city and county staff as well as Moscow City
Council and Latah County officials.*

*BL*
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