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HomeMy WebLinkAboutOrdinance 4812 ORDINANCE NO. 4812 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 05- 1704 FIRST BAPTIST CHURCH, LOCATED AT 20 EAST DICKSON STREET, 325 AND 321 NORTH COLLEGE AVENUE, AND 350 AND 354 NORTH HIGHLAND AVENUE, CONTAINING APPROXIMATELY 4.08 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From C-2, Thoroughfare Commercial, and R-O, Residential Office, to C-PZD 05- 1704 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3`d day of January, 2006. APPROVED: � s RA ;'�\TYCO . � ; FAYETTEVILLE ; _ By: A NO Via0 DAN COOD ayor , 9:QkANSP�J�',� P ATTEST: 'o;;l'GTOtA �^ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SONDRA SMITH, City Clerk Doc ID : 009660600002 Tvoe : REL Recorded : 02/15/2006 at 11 : 41 : 32 AM Fee Amt : $11 . 00 Paoe 1 of 2 washinoton County . AR Bette Bette Stamna Circuit Clerk FS1e2006-00006409 EXHIBIT "A" MDP C-PZD 05-1704 A PART OF BLOCK NUMBERED TEN (10) OF THE COUNTRY COURT ADDTITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE ORIGINAL SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK TEN ( 10), SAID POINT BEING IN DICKSON STREET; THEN NO2°50'34"E ALONG THE WEST LINE OF SAID BLOCK TEN (10) 13 . 16 FEET TO A SET 1/2 IRON REBAR AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE AND THE NORTH RIGHT- OF-WAY LINE OF DICKSON STREET FOR THE TRUE POINT OF BEGINNING; THEN S87°3' 19"E ALONG THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET 234.95 FEET TO A CHISLED "X" IN A CONCRETE SIDEWALK AT THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE 78.26 FEET, THE CHORD FOR WHICH BEING N47047'09"E 70.51 FEET, TO A SET %:" IRON REBAR AT THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE; THEN NO2°37'37"E ALONG SAID RIGHT-OF-WAY 497.00 FEET TO A SET 1/2" IRON REBAR; THENCE LEAVING THE WEST RIGHT- OF-WAY LINE OF COLLEGE AVENUE N87003'20"W 140.39 FEET TO A SET 1 /2" IRON BAR; THEN NO2050'33 "E 105.25 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH LINE OF LOT ONE ( 1 ) OF SAID BLOCK TEN ( 10); THEN N87° 13'09"W ALONG THE SOUTH LINE OF SAID LOT ONE (1 ) 42.42 FEET TO AN EXISTING CONCRETE MONUMENT; THEN NO2°33'24"E 67.78 FEET TO AN EXISTING IRON PIPE; THEN N87°22'40"W 99.89 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID BLOCK TEN ( 10), SAID POINT ALSO BEING THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THEN S02043'02"W ALONG THE EAST RIGHT-OF- WAY OF HIGHLAND AVENUE 67.50 FEET TO AN EXISTING 1/2" IRON REBAR; THEN S02050'34"W 651 .84 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 02/15/2006 11 :41 :32 AM and recorded in Real Estate File Number 2006-0000640 Bette Stamps - Circuit I by A40 l / 34Z City of Fayetteville Staff Review Form City Council Agenda Items C OZb 45 ( ld� or Contracts 20-Dec-05 City Council Meeting Date Jeremy Pate' Planning Operations Submitted By Division Department Action Required: MDP C-PZD 05- 1704: (First Baptist Church, 484): Submitted by Cromwell Architects Engineers in behalf of First Baptist Church for property located at 20 East Dickson Street, 325 and 321 North College Avenue, and 350 and 354 North Highland Avenue. The property is zoned C-2, Thoroughfare Commercial, and R-O, Residential Office, and contains approximately 4.08 acres. The request is to approve a Master Development Plan - Commercial Planned Zoning District for a church facility and associated parking. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached „ Previous Ordinance or Resolution # n/a ADep�arfmentirec or Date Original Contract Date: n/a Original Contract Number: n/a L Received in City Clerk's Office Fina6r EE an�nal-Service Director Date Received in Mayor's Office Mayor — Date Comments: r/e,�t cn YAe, S•e nd /e"d.n5 1—i ao % 5 City Council Meeting of December 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning f Date: December 01 , 2005 Subject: Commercial Planned Zoning District for First Baptist Church (C-PZD 05- 1704) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for First Baptist Church, based on the Master Development Plan, development standards, and statement of commitments submitted. This action will establish a unique zoning district for a single-use project on approximately 4.08 acres located at the northwest corner of College Avenue and Dickson Street. The proposal consists of a four phase addition and renovation of the existing structures on the property as well as the addition of parking areas to serve the church. BACKGROUND The property consists of several parcels totaling approximately 4.08 acres that is currently utilized for institutional (church) use. The applicant requests a rezoning and Master Development Plan approval for the subject property. The majority of the property is utilized by the First Baptist Church and parking to serve this use. Also located on the property is a vacant commercial building proposed to be renovated and a residential home which is proposed to be removed for parking. Access to the property is established on Highland Avenue and College Avenue. The applicant requests a rezoning and Master Development Plan approval for expansion of the existing First Baptist Church. The project will include the removal of an existing house, the redevelopment of the former Goff-McNair building, and the construction of additional parking for a total 167 parking spaces. In addition to the renovation of existing structures, total area of new construction is 26,500 square feet. The enlargement of the facility will be for the construction of meeting rooms, though the existing auditorium which seats approximately 1 ,000 persons will be maintained. The proposed development is to occur under regulations of one Planning Area and in a total four Phases, with the parking area to be improved within Phase II. Phase I, the renovation of the existing sanctuary, is already underway. The projected time frame to secure all permits for full build-out is anticipated for 2015. City Council Meeting of December 20, 2005 Agenda Item Number DISCUSSION The Planning Commission voted 8- 1 -0 in favor of this request on November 28, 2005, with Commissioner Anthes voting no. A Planned Zoning District requires City Council approval as it includes zoning and land use approval. Recommended conditions were amended and approved by the Planning Commission and are reflected in the attached staff report. With the future submission of development plans, the applicant will be processing a request to development within the Master Street Plan right-of-way of College Avenue which will require Planning Commission and City Council consideration and approval for a lesser dedication of right-of-way on College Avenue. Discussion at the Planning Commission centered on the long-term proposal for a parking deck, which was removed from the application, and the effect of a potential future rezoning of the property within the Downtown Zoning Code. It was concluded that like the 1-540 Design Overlay District, staff, the Planning Commission, and the City Council will likely review recently approved rezoning and development for possible exceptions. This decision, however, will be made in the future. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 05- 1704 FIRST BAPTIST CHURCH, LOCATED AT 20 EAST DICKSON STREET, 325 AND 321 NORTH COLLEGE AVENUE, AND 350 AND 354 NORTH HIGHLAND AVENUE, CONTAINING APPROXIMATELY 4.08 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PAN. BE IT ORDAINED BY THE CITY *OUI�CIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classific Y on`of the following des\�operty is hereby changed as follows: U From C-2, Thoroughfare Commercial and R-O, Residential Office, to C-PZD 05-1704 as shown in Exhibit "A" attached hetoa� nd.made a pa ereof. Section 2. That the change in zon�g cla` sification is based upon the approved master devlopm°�nt plan, d 1�llopmenty' tandards, and conditions of approval as submitted, determi, ed approp gate and approved by the City Council, Section 3. Thathi ordinance sh take effect and be in full force at such time as all of thele u►rem nts of tie ma ter development plan have been met. /Zreoal ttheo ieialoning map of the City of Fayetteville, Arkansas, is hmended to reflect the zoning change provided in Section 1 above. PASSE SAND APPROVED this day of , 2005. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" MDP C-PZD 05-1704 A PART OF BLOCK NUMBERED TEN ( 10) OF THE COUNTRY COURT ADDTITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE ORIGINAL SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK TEN ( 10), SAID POINT BEING IN DICKSON STREET; THEN NO2°50'34"E ALONG THE WEST LINE OF SAID BLOCK TEN ( 10) 13 . 16 FEET TO A SET %: IRON REBAR AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE AND THE NORTH RIGHT- OF-WAY LINE OF DICKSON STREET FOR THE TRUE lPOINT OF BEGINNING; THEN S87003' 19" E ALONG THE NORTH RIGHT-OF-WAY-;!LINE OF DICKSON STREET 234.95 FEET TO A CHISLED "X" IN jVCONCRETE SIDEWALK AT THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVEr78 26 FEET, THE CHO FOR WHICH BEING N47047'09"E 70.51 FEET, TO A SET W? lRONAREBAR AT THE -POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING,ON THE WEST RIGHT-OF-WAY i�, . LINE OF COLLEGE AVENUE; THEN N0297'37"ElAL>ONG SAID RIGHT-OF-WAY 497.00 FEET TO A SET V2" IRON R 'BAR; THENCE LEADING THE WEST RIGHT-OF- WAY LINE OF COLLEGE AVENUEiN83M3�20"W 140 39 F ET TO A SET W2 IRON BAR; THEN NO2°50'33 "E 105.25 FEET�TO WSET W' IRONIREBAR ON THE SOUTH LINE OF LOT ONE ( 1 ) OF SAID BLOCKJTENt( 10), THENN87°13'09"W ALONG THE ., SOUTH LINE OF SAID L'OT ONE ( 1 ) 42,,42 FEET TO AN EXISTING CONCRETE MONUMENT; THEN NO2°33'24"E 67.78 FEET TO AN EXISTING IRON PIPE; THEN N8702214011W 99.89TEET TOrAN EXISTING IRON ON THE WEST LINE OF SAID BLOCK TEN ( 10), SAID'P.OINT ALSO BEING THE EAST RIGHT-OF-WAY LINE OF HIGHLAND�,AMVAENUE; THEN S626V02 W'ALONG THE EAST RIGHT-OF-WAY OF HIGHLAND AVENUE, 67.50,EEET TO AN EXISTING %_" IRON REBAR; THEN S02°50'3:4"W 651 .84 FEET TO THETOWT OF BEGINNING. '° i T� 17ye V PC Meeting of November 28, 2005 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: November 21 , 2005 Updated December 1, 2005 C-PZD 05-1704: Commercial Planned Zoning District (First Baptist Church): Submitted by Cromwell Architects Engineers in behalf of First Baptist Church for property located at 20 E. Dickson Street, 325 and 321 N College Avenue, and 350 and 354 N. Highland Avenue. The property is zoned C-2, Thoroughfare Commercial, and R-O, Residential Office and contains approximately 4.08 acres. The request is to approve a Master Development Plan — Commercial Planned Zoning District for a church facility and associated parking. Property Owner: First Baptist Church of Fayetteville Planner: Suzanne Morgan Findings: Property Description: The property consists of several parcels totaling approximately 4.08 acres that is currently utilized for institutional (church) use. The applicant requests a rezoning and Master Development Plan approval for the subject 4.08 acres. The majority of the property is utilized by the First Baptist Church and parking to serve this use. Also located on the property is a vacant commercial building and a residential home. Access to the property is established on Highland Avenue and College Avenue. Surrounding Land Use/Zoning: Direction Land Use Zoning North Commercial C-2 & RMF-24 South Commercial the old Jerry's C-2 & R-O East Commercial First State Bank C-2 West Central United Methodist Church R-O Proposal: The applicant requests a rezoning and Master Development Plan approval for expansion of a church institution on the property. The project will include the removal of an existing house and the redevelopment of the existing structure in which patrons of the church meet and the former Goff-McNair building into, the enlargement and connection of these structures, and parking areas The enlargement of the facility will be for the construction of meeting rooms, though the existing auditorium which seats 1 ,000 persons will be maintained. The proposed development is to occur in five four Phases. According to the K:IRepor1sl20051PZD-MDP ReportslFirst Baptist Church C-PZDIC-PZD 05-1704 (First Baptist Church)Jor CCdac applicant, Phase I, the renovation of the existing sanctuary, is already underway. The applicant will add surface parking for a total 167 parking spaces with Phase II of the proposal and anethein net 88 spaces with f.., , e development of parking_bn;nse.. Staff finds, through the review of this proposal, that the addition of parking lots along Lafayette Street in this area would be detrimental to the street character. While this proposal does not include additional parking along Lafayette Street, it is important to note that as parking increases with the expansion of the churches in the area, it is important to evaluate the street character, as indicated in the Downtown Master Plan. Process: The purpose of the subject request is for a rezoning approval in order to allow the expansion of the First Baptist Church. In order to receive approval to expand the church over a long period of time, as funds are available, the applicant pursued the Planned Zoning District process. As recently approved by the City Council, an applicant has the option of presenting a Master Development Plan — Planned Zoning District to the Planning Commission and City Council. Approval of this Master Development Plan would effectively rezone the property based on the plans and information provided. However, it does not give development approval. The applicant is required to return through the large scale development process for each phase of expansion, in this case, in order for the Planning Commission to confirm that the development plans presented are compliant with the zoning and Master Development Plans approved by the City Council. The following bulk and area regulations are proposed by the applicant, and are included in detail within the attached submittal: ZONING CRITERIA: C-PZD 05-1704 (First Baptist Church) (A) Proposed Uses. Permitted Use Conditional Use Type of Use Unit 4 1 None Cultural & Recreational facilities *Includes church, classrooms, assembly areas, and other uses associated with the church use. (B) Density/Intensity. None (C) Bulk and area regulations. None (D) Setback requirements. None (E) Height. a. Phase II — Two Stories (24') b. Phase III — One Story ( 14') c. Phase IV — Two Stories (24'); Steeple to be reconstructed at a maximum height of 88 feet measured from the main floor of the sanctuary/auditorium. d. The .........sed ...._t_:ng a__'_ __:11 be a fnwiimum a,.,,,, levels in height. K:IReportsV0051PZ0-MDP ReporulFirst Baptist Church C-PZDIC-PZD 05-1704 (First Baptist Church)for CCdoc (F) Building area. The area occupied by all buildings shall not exceed 60% of the total lot area. Signage. Signage for the property shall be permitted in accordance with Commercial zoning district regulations in Ch. 174. Signage on the property shall be allowed as follows: Wet . c.,...... ..a ..:g.. ... College Amv.. a. , no otheF Si, Setbaek of Rreestanding Signage.- Freestanding sign at College Avenue and Diekson Streeti 15' (as shown an the plat) Reestanding sign at Diekson Street and Highland Avenue: 0' (as shown on the plat) Sipiage localion shag beperfnitted in aece.rdapipp with 9P.Fbq9.k9 9"4 oiheit criteria in (9k. 174 Signs-, wvkss nowd h-poin Water & Sewer: Water and sewer are currently available. However, evaluations of the water system, sewer system, streets, and drainage will need to be made as the scope of the project becomes clearer and as development may be continuing on the subject property over a long period of time. More specifically, the water distribution system may need to be upgraded by the developer to handle the increased demand for domestic and fire supply. The sanitary sewer system will need to be evaluated by the developer to show any deficiencies. Drainage improvements may include the installation of detention and/or improvements to the existing system. Access: Access is provided to this property from an existing curb cut on College Avenue and from three access points on Highland Avenue. The applicant proposes the relocation and reconstruction of existing curb cuts onto Highland Avenue. Interior to the project private drives and parking areas are proposed. Adjacent Master Street Plan Streets: Highland Avenue (ST — 55); Sufficient right-of-way exists for this street. Dickson Street (MS — 55 : Main Street); Sufficient*right-of-way exists for this street. College Avenue (Principal Collector); An additional 25 ' right-of-way is required for Master Street Plan compliance. Street Improvements: Staff recommends the following: Construction of sidewalks in accordance with the Master Street Plan adjacent to College Avenue, Highland Avenue, and Dickson Street and through any existing or proposed driveway. The applicant requests the phasing of street improvements adjacent to College Avenue and Dickson Street to correspond with the phasing of construction to avoid the removal of new landscaping and sidewalk when renovating and adding to structures adjacent to the right-of-way. Other improvements will be recommended and determined by the Planning Commission at the time of development. K:1Reporn1d0051PZD-HDP ReporrslFirs( Baptist Chu h C-PZDIC-PZD 05-1704 (Firs! Baptist Charch)for CC.da Drainage improvements associated with street improvements will also need to be evaluated and required, as necessary, based on the City Engineer's recommendation and the Planning Commission's determination at the time of Large Scale Development. Dedication of right-of-way to meet Master Street Plan requirements, appropriate drainage, lighting, sidewalk and other surrounding or adjacent street improvements as determined by the Planning Commission to be appropriate in alleviating the impact of the increase in use and traffic generation shall be determined by the Planning Commission. Tree Preservation: There are several existing trees on the property which may be affected with the development of structures and parking lots. The Landscape Administrator has reviewed the site and suggested means to save some significant trees on the property. The PZD zoning requires preservation of 25% canopy on the site, which will be expected for the development of this property. At the time of development, the applicant shall submit a site analysis and tree preservation plan in accordance with ordinance requirements to be reviewed by the Landscape Administer and reviewed for approval by the Planning Commission. Parks: No residential dwelling units are proposed for this development. Should the property owner at any time request the approval of dwelling units on the property, contrary to the use allowed within this C-PZD, the City Council shall reconsider the zoning of the subject property. Public Comment: Staff advised the applicant to contact the adjacent property owners regarding this request. Staff has received some inquiries from adjacent property owners, but no specific concerns have been voiced regarding this proposal. Recommendation: Staff recommends. forwarding;the Master Development Plan — Planned Zoning District for First Baptist Church (C-PZD 05- 1704), to the City Council for approval with the following conditions: The Planning Commission voted 5-4-0, with Commissioners Graves, Clark, Naught and Trumbo voting no, to (1) strike Condition #2 from the conditions of approval, (2) add additional language to Condition #9, (3) Include page numbers in the project booklet, and (4) Remove all references to the future parking deck (ar Phase II)from the project booklet and the plat. The Planning Commission voted 8-1-0 for approval of the rezoning with the following amended conditions: Conditions of Approval: 1 . The Planning Commission shall determine that the provided number of parking spaces is appropriate for the proposed use of the property. The applicant currently proposes to provide 167 parking spaces on the site; 175 spaces is the typical minimum permitted. 2. Planning Eemmission mYdetPrminatien o€ apprepriate signage Thee ' ioant shall .. J bregulations 1.. with the e 1' a' ♦ ' Ceanuner-eial l.T applieantrequests signs e ♦ at the a of Dieks StreetCollege II K:Vieportst20051 PZD-MDP ReponyiFirst Baptist Church C-PZDIC-PZD 05-1704 (First Baptist Church)for CCdoc Avenue and Diekson Street and Highland Avenue. Smffreeeminends that (.We ............. ...... z.,:i::s-drsr-tip The Planning Commission voted to strike this condition. The applicant shall comply with the sign requirements of commercial zoning districts. 3 . The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 4. Pursuant to city ordinance, development of the property shall be approved by the Planning Commission through the large scale development review process. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 5 . Public water and sewer lines shall be extended as required by city ordinance at the time of development. 6. Street improvements at the time of development shall include, at minimum, the following: Construction of sidewalks in accordance with the Master Street Plan adjacent to College Avenue, Highland,Avenue, and Dickson Street and through any existing or proposed driveway. The applicant requests the phasing of street improvements adjacent to College Avenue and Dickson Street to correspond with the phasing of construction to avoid the removal of new landscaping and sidewalk when renovating and adding to structures adjacent to the right-of-way. Other improvements will be recommended and determined by the Planning Commission at the time of development. Drainage improvements associated with street improvements will also need to be evaluated and required, as necessary, based on the City Engineer's recommendation and the Planning Commission's determination at the time of Large Scale Development. Dedication of right-of-way to meet Master Street Plan requirements, appropriate drainage, lighting, sidewalk and other surrounding or adjacent street improvements as determined by the Planning Commission to be appropriate in alleviating the impact of the increase in use and traffic generation shall be determined by the Planning Commission. 7. A Tree Preservation Plan that needs the Tree Preservation ordinance shall be prepared at the time of development. Trees that meet the significant tree status as determined by the Urban Forester shall remain, unless approved for removal by the Urban Forester. The applicant shall reference the attached comments from the Urban Forester and utilize them in future development proposals. Future development proposals shall K:IReporisl20051PZD-MDP Report Wirst Baptist Church C-PZDIC-PZD 05-1704 (First Baptist Church)for CC.doc