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HomeMy WebLinkAboutORDINANCE 5889= ._."�� _R C .n I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 017054170005 Type: REL f'- Kind: ORDINANCE Recorded: 09/09/1016 at 09:19:00 AM -- Fee Amt: $35.00 Paqe 1 of 5 Washinqton County, AR Kyle Sylvester Circuit Clerk 113 West Mountain File2016-00026309 Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5889 File Number: 2016-0225 C-PZD 16-5408 (WEDINGTON & MARINONI DR/CROSS CHURCH): AN ORDINANCE TO REZONE LOTS 7, 8, 9 AND 10 OF THE MCMILLAN ESTATES SUBDIVISION OF THE CITY OF FAYETTEVILLE ENCOMPASSING APPROXIMATELY 16.2 ACRES LOCATED AT MCMILLAN DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO P-1, INSTITUTIONAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the lots 7, 8, 9 and 10 of the McMillan Estates Subdivision encompassing about 16.2 acres as shown on the map (Exhibit A) attached to the applicant's letter from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional subject to the attached Bill of Assurances. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/5/2016 VkR,dr"�fi�i :'FA YE Attest: ••�:rr Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 716116 RECEIVED JUN 2 9 '2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Cross Church, Inc., hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Zoning District P-1 Institutional Uses, primarily church related uses. 2. The structure upon the property will. be a single principal structure which will initially be constructed substantially as shown on attached Exhibit A (the "Church Building"). The Church Building will be used as a church, pre-school and other church related activities. Petitioner reserves the right to expand the Church Building, including the expansion(s) as shown on attached Exhibit A, and further reserves the right to construct ancillary structures which are related to the mission of the church. 3. Specific activities will not be allowed upon Petitioner's property include 4. (Any other berms or conditions): 5. Petitioner specifically agrees that all such restrictions and terms shall ran with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNSS WHEREOF and in agreement with all the terms and conditions stated above, I, A the owner, developer or buyer (Petitioner) voluntardy o er all such assurances and sign my name below. 6 ` �-O� - �-o1 �-- Date Address STATE OF ARKANSAS } COUNTY OF WASHINGTON } Printed Name Signature NOTARY OATH An4 now on this the D day of , 2016, appeared before me, Notary Public, and after being placed upon his/her oath swo or affirmed that he/s agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: WORM MWAIM-70M WASHNSMOMMY MTmyPVeuc-AWM$A$ Nq► * 16-5408 EXHIBIT'Al CPZD 16-5408 Close Up View F "t, k1+ IN Legend - -� Planning Area - -� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint CROSS CHURCH S+UEDING'rON DR FA rn 41 M N W W a � >_ RMF-24 0 1L Z a w Subject Property Nel i W ■ VALLEY DR ••1 1 1 i A a e.. N W � Q 1 � a t i t % R5F-4 to +,10010 tf 4 0 10 Zoning R S F-4 Feet RMF-24 RO 0 112.5 225 450 675 900 C-2 1 inch = 300 feet UT 16-5408 EXHIBIT 'B' LEGAL DESCRIPTION FOR MCMILLAN ESTATES PLANNED ZONING DISTRICT PZD LEGAL DESCRIPTION: MCMILLAN ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON THE PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS, LESS AND EXCEPT LOT NUMBER 8, MCMILLAN ESTATES SUBDIVISON TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON THE PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR 1 certify this instrument was filed on 09/09/2016 09:19:00 AM and recorded in Real Estate File Number 2016-0 2 6309 Kyle Sylvester - Ci uil ter by -y �= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Text File — - File Number: 2016-0225 Agenda Date: 7/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 2 C-PZD 16-5408 (WEDINGTON & MARINONI DR/CROSS CHURCH): AN ORDINANCE TO REZONE LOTS 7, 8, 9 AND 10 OF THE MCMILLAN ESTATES SUBDIVISION OF THE CITY OF FAYETTEVILLE ENCOMPASSING APPROXIMATELY 16.2 ACRES LOCATED AT MCMILLAN DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO P-1, INSTITUTIONAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE (LEFT ON FIRST READING) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the lots 7, 8, 9 and 10 of the McMillan Estates Subdivision encompassing about 16.2 acres as shown on the map (Exhibit A) attached to the applicant's letter from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional subject to the attached Bill of Assurances. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 71612016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0225 Legistar file ID 6/21/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/27/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: C-PZD 16-5408: Commercial Planned Zoning District (WEDINGTON & MARINONI DR/CROSS CHURCH, 441): Submitted by ESI ENGINEERING, INC. for properties located at WEDINGTON & MARINONI DR. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and UT, URBAN THOROUGHFARE and contains approximately 24.60 acres. The request is to rezone the property to C-PZD, Commercial Planned Zoning District. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title i Approval Date: V20140710 CITY OF Fay% 7-11e CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF JUNE 21, 2016 TO: Mayor, Fayetteville City Council THRE: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: June 21, 2016 SUBJECT: C-PZD 16-5408: Commercial Planned Zoning District (WEDINGTON & MARINONI DR/CROSS CHURCH, 441): Submitted by ENGINEERING SERVICES, INC. for properties located at WEDINGTON & MARINONI DR. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and UT, URBAN THOROUGHFARE and contain approximately 24.60 acres. The request is to rezone the property to C-PZD, COMMERCIAL PLANNED ZONING DISTRICT. RECOMMENDATION: The Planning Commission and staff recommend denial of an ordinance to rezone the properties to C-PZD, Commercial Planned Zoning District as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property contains 24.60 acres located south and west of the intersection of Wedington and Marinoni Drives. Although the property is not currently developed above grade, infrastructure is already in place, including roads, sanitary sewer, and water. The property is currently zoned C- 2, Thoroughfare Commercial and UT, Urban Thoroughfare. In 2002 the property was developed and subdivided into nine commercial lots with all aforementioned public infrastructure installed, though no further construction has occurred since. Additionally, planned improvements by the Arkansas Highway and Transportation Department (AHTD) will realign Futrall Drive and access to Interstate 49 adjacent to the site. Land Use Compatibility: The uses proposed in this project are somewhat compatible with those of the surrounding area. Thoroughfare commercial and multi -family housing to the north are of similar land use intensity to those proposed, but without the substantial areas of surface parking. The commercial strip layout of this C-PZD does match some other commercial developments along Wedington Drive, but not in the immediate proximity. Additionally, the adjacency of the subject property to the interchange works to transition the lower intensity commercial and residential uses to the north and east to the more intensive development associated with a highway interchange. Compatibility is not so certain however, with the adjacent undeveloped properties zoned RSF-4, Residential Single -Family — 4 Units per Acre. If developed to the single-family residential requirements this may not transition well to the surface parking -intensive development proposed Mailing Address: 113 W. Mountain Street vAww.fayetteville-ai:gov Fayetteville, AR 72701 with the C-PZD. While the applicant has proposed a larger rear setback for when a property is contiguous with a single-family residential district, this does not preclude the construction of surface parking within the setback. On a large undeveloped site like this, primary components of compatibility, perhaps as important as land use intensity, are building typology and site design. The building types proposed throughout this C-PZD share few, if any similarities to adjacent uses or those anticipated in adjacent undeveloped land. Large areas of surface parking are not desired with land designated as City Neighborhood Areas immediately to the east. Parking lots will be located along both sides of McMillan Drive and will surround each of the proposed buildings on at least three sides. This will create a site design where buildings are further apart and further away from the street than the traditional development patterns anticipated to the south and east. The City Council's adopted land use policy for rezoning property expressly discourages the development pattern that is proposed in this C-PZD request. Land Use Plan Analysis: The proposed zoning is largely incompatible with the Future Land Use Map (FLUM) designation of Urban Center Areas. As an area classified as Urban Center Area by City Plan 2030, the subject properties are expected to align with many, if not all of the guidelines set forth. While the proposed C-PZD does address some guiding policies, like the provision of retail space and services to facilitate Fayetteville achieving its market potential, it falls short of many others. As proposed, the C-PZD does not strive to develop in a traditional town form or enhance and accommodate alternative modes of transportation. Parking arrangements are more in -line with those found in urban sprawl development, with little opportunity or need for maximizing the possibility of sharing the large and impervious surface parking areas. Staff contends that there are many viable site design options available that can achieve the objectives of the proposed C- PZD while maintaining the land uses desired by the applicant. The density, development pattern, and building type, with small, medium and large commercial buildings, is marginally compatible with the surrounding uses. The proposed C-PZD provides a transition from the small commercial businesses and single family neighborhoods to the north and east to the intersection of 1-49/540 and Wedington. Staff finds that a church within this neighborhood could provide a service and gathering place for the immediate and surrounding neighborhood, generating activity and a variety of users at different times of the day, which may complement adjacent shopping and residential areas as this area build out. DISCUSSION: On May 23, 2016 the Planning Commission denied the applicant's request for a rezoning to C- PZD on the subject properties. Commissioners Belden, Hoffman, and Quinlan questioned the appropriateness of the applicant's rezoning request, citing concerns about the layout, large areas of surface parking, and the likelihood that the proposed land uses could be readily developed under the existing UT zoning district requirements. A motion by Commissioner Hoffman to deny the proposal carried with a vote of 7-0-0. (Commissioners Autry and Noble were not present). BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5408 EXHIBIT 'A' CPZD 16-5408 CROSS CHURCH Close Up View AEf1RTH � �YLVl�R1 f� N VALLEY DR F W > > RMF-24 LU SbjectLPropey.".� -_.• --, ::,WEDfNGT0N0R�,_. x- 1 2 o• z• a �r r R_0 O J• (n a ir r o - LU s a o kIT i H w r" r t" C-2 i � fttii •-I f Legend IL- -� Planning Area Zoning RSF-4 � _ _ Fayetteville City Limits f7MF-2A Shared Use Paved Trail Feet tzo Trail (Proposed) 0 1125 225 450 675 900 c•2 L _� Design Overlay District UT 1 inch = 300 feet Building Footprint 16-5408 EXHIBIT 'B' LEGAL DESCRIPTION FOR McMILLAN ESTATES PLANNED ZONING DISTRICT PZD LEGAL DESCRIPTION: MCMILLAN ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON THE PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS, LESS AND EXCEPT LOT NUMBER 8, MCMILLAN ESTATES SUBDIVISON TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON THE PLAT FILED FOR RECORD IN PLAT BOOK 23 AT PAGE 33, RECORDS OF WASHINGTON COUNTY, ARKANSAS. CITY OF FAYETTEVILLE, AR PLANNED ZONING DISTRICT rOR STA FF USE ONL Y Date Application Submitted: Date Accepted as Complete: �^ Project Number: �� `T00 Public Hearing Date: rEF.: S525- SI,125 SIGN FEE: $5.00 per sign Tech Plat Resuhinitial FL•'F.: S2001resuhnrillal S-T-R: PP#: 41fl Zone: PLEASE CONSULT WITH STAFF PRIOR TO SUBMITTING AN APPLICATION, TO CONFIRM THE APPROVAL YOU ARE SEEKING IS IN THE CORRECT PROCESS. A Planned Zoning District application is processed with a recommendation from the Planning Commission to City Council, much like a standard rezoning review process, The City Council decides on the requested zoning and land use, not development approval. A development application (Preliminary Plat, Large Scale Development, etc.) may be concurrently processed with a Planned Zoning District application. The development application will be decided on by the Planning Commission and any approval will be conditional upon the City Council's zoning decision. Instructions: Please fill out this form completely, supplying all necessary information and documentation to support your request. It is highly recommended the applicant conduct a meeting with nearby neighborhoods to discuss the proposed zoning prior to application submittal. Your application will not he placed on the applicable agenda until all necessary information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name_ Cross Church, Inc. Address - 1709 Johnson Road Springdale, AR 72762 E-mail: Phone - ( 479 ) 751-4523 Applicant _V" Representative Representative (engineer, stave tyor, reallur, etc.): Name -Engineering Services, Inc. Attn: Daniel Lazenby Address - 1207 S. Old Missouri Rd. P.O. Box 282 Springdale, AR 72765-0282 E-mail: dlazenby@engineeringservices.com Phone - ( 479 ) 751-8733 Current Zoning District: UT (Urban Thoroughfare) and C-2 (Thoroughfare Commercial) Requested Zoning District: F1 Residential PZD Commercial I M tll Industrial l)ZD 'total Acreage: ±25 Acres Number of Dwelling Units (Density): 0 units n/a units/acre Total non-residential square feet (Intensity): _ square Icct square ILetrael•e 0 % Residential Floor Area 192rs00 —7, gz�- 100 % Commercial Floor Area 0 % Industrial Floor Area Industrial 765-22526-000, 765-22527-000, 765-22528-000, 765-22529-000, 765-22530-000, 765-22531-000, Assessors Parcel Number(s) for sub.jcct property: 765-22532-000, 765-22534-000, & 765-22535-000 Date of Pre -application meeting with City staff: _____/Ii(, FINANCIAL INTERESTS: The following entities and / or people have financial Interest in this project: Name(s)(printed): Cross Church, Inc., 49 & Wedington, LLC, and Fay CS, LLC APPLICANT I REPRESENTATIVE: I certify under penalty of perjury that the foregoing statanents and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief. true and correct. I understand that submittal of incorrect or false uiformation is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for. or might sct conditions on approval. Name (printed): Cross Church, Inc. Date: Signature PROPERTY OWNERS) /AUTHO D AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (!/ signed by the authorized agent, a letter from e(ich prnl)erty owner miryl he pr•or,iclecl incliccrting that the agent is authori_etl to crc•t on his/heir hehull.') Owners (attach additional info if necessary): Name (printed): Cross Church, Inc. Signature��_ Date: Address: 1709 Johnson Road Springdale, AR 72762 Namc (printed). 49 & Wedington, LLC Signature: Date: Address:2002 S. 481" Street, Suite A Springdale, AR 72762 CITY OF 7ay% t-11e AANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Senior Planner PLANNING COMMISSION MEMO MEETING: May 23, 2016 (Updated with Planning Commission Results) SUBJECT: C-PZD 16-5408: Commercial Planned Zoning District (WEDINGTON & MARINONI DR/CROSS CHURCH, 441): Submitted by ESI ENGINEERING, INC. for properties located at WEDINGTON & MARINONI DR. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and UT, URBAN THOROUGHFARE and contains approximately 24.60 acres. The request is to rezone the property to C- PZD, Commercial Planned Zoning District. RECOMMENDATION: Planning staff recommends denial of C-PZD 16-5408. BACKGROUND: Property and background. The subject property contains 24.60 acres located south and west of the intersection of Wedington and Marinoni Drives. Although the property is not currently developed above grade, infrastructure is already in place, including roads, sanitary sewer, and water. The property is currently zoned C-2, Thoroughfare Commercial and UT, Urban Thoroughfare. In 2002 the property was developed and subdivided into nine commercial lots with all aforementioned public infrastructure installed. Additionally, planned improvements by the Arkansas Highway and Transportation Department (AHTD) will realign Futrall Drive and access to Interstate 49 (see attachment). Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning Commercial; Multi -family; C-2, Thoroughfare Commercial; North Single-family RMF-24, Residential Multi -Family, Twenty-four Units Per Acre; and RSF-4, Residential Single -Family, Four Units per Acre South UndevelopedM/ooded RSF-4, Residential Single Family Four Units per Acre East Undeveloped; Church R-O, Residential Office RSF-4, Residential Sin_gle_Family, Four Units perAcre n/a West Interstate 49 Proposal: The applicant requests a rezone from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to a C-PZD, Commercial Planned Zoning District, to allow development of the existing subdivision to accommodate a church and other commercial uses. The church would occupy Lots 8 and 9, while a fitness center is proposed for Lots 1, 3, and 5, a hotel for Lots 4 and Mailing Address: 113 W. Mountain Street www.fayetteville-acgov Fayetteville, AR 72701 6, and restaurant on lot 1. The layout of the proposed Commercial Planned Zoning District is typical of suburban, commercial development, with buildings set back and parking located between the structures and the street. INFRASTRUCTURE: Streets and Rights -of -Way: This site is served by the short stub out of the Collector street Marinoni Drive, which provides direct connection to Wedington Drive, a Principal Arterial street. The City's Master Street Plan identifies Marinoni Drive for extension to the southwest, ultimately crossing 1-49 with an overpass to connect with Persimmon Street. The site is served by Futrall Drive to the west, which also directly connects to Wedington Drive. Futrall is to be realigned following work by AHTD on the 1-49 and Wedington interchange. All the on -site streets, including MacMillan and Pam Angus Drives are built to City standard and have been dedicated as public right -off -way. Water: Public water is accessible to the site. An 8-inch water main exists in the Wedington Drive, Marinoni Drive, McMillan Drive, and Pam Angus Drive rights -of -way. Sewer: Public sanitary sewer is available to the site. An 8-inch sanitary sewer main runs from Wedington Drive to Marinoni Drive, and from there along McMillan Drive. Additionally, a 10-inch sanitary sewer main adjoins the southern property boundary. Drainage: Stormwater management was approved for the site during its original platting, and no changes are proposed to the existing detention facilities as a part of the C-PZD. Improvements for drainage will need to be reviewed at the time of individual development submission. Although the property is not affected by the 100-year floodplain, it is subject to the City's Streamside Protection Zone, which affects portions of Lots 1, 3, 5, and 7-9. Fire: The development will be protected by Engine 2 located at 708 N. Garland. It is 1.9 miles from the station with an anticipated response time of 3.5 minutes to the beginning of the development. No adverse impact to response times or service is anticipated by this development. Police: The Police Department has not expressed any concerns with this request. Trails. As identified in the Fayetteville Active Transportation Plan, and due to the future realignment of Futrall Drive associated with the AHTD improvements to the 1-49 and Wedington interchange, a shared use path shall be located along the east side of the proposed rerouted Futrall Drive with sufficient green space separation from the road. Per the Trails Coordinator, the construction of the section of this shared use paved trail from Wedington Drive southward to the south property line of this project shall be included according to City standards along with the dedication of a multi -use trail easement (see attachment). GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr. (Cross Church) 441\03 Planning Commission Public Comment: Notification was delivered to property owners within 100 feet of the project boundary and one public notice sign was posted on the property. Staff has received no public comment. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the property as an Urban Center Area. Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public infrastructure. Urban Center Guiding Policies: a. Encourage mixed -use development to allow for shared parking and day and night utilization of available parking. b. Encourage intensive mixed -use development within one -quarter mile of public transit routes. C. Provide enough retail business and service space to enable Fayetteville to realize its full potential as a regional market. d. Encourage continuing improvements and expansion of regional shopping and entertainment attractions. e. Require that large commercial sites be designed and landscaped in a manner that preserves the aesthetic character of their surroundings. f. Direct new regional development into designated regional commercial centers. g. Approve new regional commercial development as Planned Zoning Districts (e.g. shopping centers, business parks, medical parks, industrial parks and mixed -use developments) or complete neighborhood plans in order to assure the overall integration of design and use. h. Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. i. Protect and restore Fayetteville's outstanding residential architecture of all periods and styles. j. Utilize the Master Street Plan and incorporate bike lanes, parkways, and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. k. Utilize open space by providing pocket parks and community green space, creating connectivity of natural areas across the community. 1. Encourage the integration of clean tech industrial uses with residential and commercial uses. Recommendation: Planning staff recommends denial of C-PZD 16-5408. GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr (Cross Church) 441\03 Planning Commission PLANNING COMMISSION ACTION: Required YES Date: May 23, 2016 O Tabled O Forwarded M Denied Motion: Hoffman Second: Quinlan Vote: 7-0-0 CITY COUNCIL ACTION: Required YES Date: O Approved D Denied Required Findings for Rezoning Request FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Staff finds portions of the application to be in compliance with the land use planning objectives established by the City Council in City Plan 2030, but there are some aspects of the application that may conflict with these policies. The application for this rezoning to a C-PZD was submitted consistent with the format required by ordinance and the PZD application. The applicant interacted with City staff throughout the application process, and has been made aware of concerns regarding some aspects of the PZD. Among these concerns are the many inconsistencies with the guiding policies of City Plan 2030. As an area classified as Urban Center Area by City Plan 2030, the subject properties are expected to align with many, if not all of the guidelines set forth. While the proposed C-PZD does address some guiding policies, like the provision of retail space and services to facilitate Fayetteville achieving its market potential, it falls short of many others. As proposed, the C-PZD does not strive to develop in a traditional town form or enhance and accommodate alternative modes of transportation. Parking arrangements are more in -line with those found in urban sprawl development, with little opportunity or need for maximizing the possibility for sharing of the large and impervious surface parking areas. Staff contends that there are many viable site design options that can meet achieve the objectives of the proposed C-PZD (see attached staff alternatives). The density, development pattern, and building type, with small and medium commercial buildings, is marginally compatible with the surrounding uses. The proposed C-PZD provides a transition from the small commercial businesses and single family neighborhoods to the north and east to the intersection of 1-49/640 and Wedington. The exception to compliance with the Urban Center Area designation being the idea that the mixed -use development does not generally include institutional uses like churches, but instead a diversity of commercial and residential development. GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr (Cross Church) 441\03 Planning Commission The PZD's compliance with the primary goals of City Plan 2030 is discussed below. Goal 1: infill and revitalization. The PZD is, after a fashion, a form of redevelopment and infill. As noted, the existing infrastructure has remained unused for over a decade. Utilizing the current streets, water, and sanitary sewer infrastructure potentially eliminates the need for the proposed projects to be accommodated on the municipal fringes. Goal 2: Discourage suburban sprawl. By being an infill location, the C-PZD discourages suburban commercial development, and keeps greenfields on the perimeter of the city. This infill project is able to take advantage of proximity to existing utility infrastructure, and transit more than a sprawling development. Goal 3: Traditional Town Form. The form of the proposed C-PZD master plan is not consistent with a traditional town form pattern that is adopted as part of City Plan 2030. The development generally proposes buildings that are not street -oriented or integrated with green space, but are instead set back within parking lots. Pedestrian linkages between and among the units is limited to sidewalks along the rights -of - way of interior streets. In addition to the proposed buildings of the C-PZD being unintegrated with each other, they also lack any relationship or connectivity with surrounding neighborhoods. Goal 4: Grow a livable transportation network. Traffic congestion is a problem along Wedington Drive, which provides the primary access to the site. Although this project may not individually appear to warrant a new traffic signal on Wedington, any development will be required to contribute a proportional cost for an assessment for a future traffic signal at Marinoni Road/Wedington Drive. This development begins to concentrate development at one of the busiest intersections in the City, 1-491Wedington. This PZD would help define a node, or concentration of development in this area of the City, helping towards the goal of expanded public transit in this area. That said, the proposed layout of the C-PZD, particularly for church -goers, is decidedly unfriendly to non -motorized transportation options. Goal 5: Assemble an enduring green network. The project provides no open space other than the noted unbuildable floodway in Lot 10. Other open space areas in the proposed C-PZD area are subject to proposed AHTD improvements to the I- 49/Wedington interchange or are explicitly delineated as not being public space. Goal 6: Create opportunities for attainable housing. This proposed commercial project is not geared towards an affordable housing product, and the applicant has deliberately removed any opportunity to develop housing, whether single- or multi- family, by removing residential dwellings from the C-PZD's permitted or conditional uses. Compatibility Analysis. The zoning and uses proposed in this project are largely compatible with those of the surrounding area. Thoroughfare commercial and multi -family housing to the north compliment are of similar land use intensity to those proposed. Additionally, the proximity of the subject property to the interchange works to transition the lower intensity commercial and residential uses to the north and east to the more intensive development associated with a highway interchange. G:\ETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr. (Cross Church) 441\03 Planning Commission Compatibility is not so certain however, with the adjacent undeveloped RSF-4 properties. If developed to the single-family residential requirements this may not transition well to the surface parking -intensive development proposed with the C-PZD. While the applicant has proposed a larger rear setback for when a property is contiguous with a single-family residential district, this does not preclude the construction of surface parking within the setback. Other primary components of compatibility, perhaps as important as land use intensity, are building typology and site design. The building types proposed throughout this C-PZD share few, if any similarities to adjacent uses. Large areas of surface parking are proposed that are not seen among any of the adjacent properties. Parking lots will be located along both sides of McMillan Drive and will surround each of the proposed buildings on at least three sides. This will create a site design where buildings are further apart than in any of the commercial, multi -family, or single-family areas in the surrounding area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: At this time the property is zoned UT and C-2, which allow a wide and flexible variety of commercial development that cater to surrounding communities. The developer desires to create a primarily commercial but also institutional development, with uses that would be permitted without condition under the existing zoning. The proposed C-PZD is actually significantly more restrictive than the current UT zoning designation, and limits the possibility of future or alternative developments. In fact, Planning Areas 1 and 2 have fewer uses allowed by right or conditionally than any of the existing commercial zoning districts within the City of Fayetteville. With few exceptions, notably the larger property setback distance requirements, the C-PZD dramatically restricts the potential for development that varies from the proposed structures The purpose for this rezoning, as defined by the applicant is to encourage the development of a fitness center, restaurant, and hotel in Planning Area 1 and a church in Planning Area 2. 3. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The population density would not change due to the proposed C-PZD, but the number of visits to the site would certainly create additional demand on public water, sanitary sewer, and traffic services. While it has been determined that the previously built water and sanitary sewer infrastructure is sufficient to accommodate this project as proposed, staff has required that a traffic study be performed to assess whether an undesirable impact will be result from development. 4. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr (Cross Church) 441\03 Planning Commission Finding: All the uses proposed in this C-PZD are also allowed in the existing UT zoning district. Combined, the permitted and conditional uses of the C-PZD would represent a more restricted commercial zoning district than any other available in the City of Fayetteville. b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: As discussed in the findings above, there are reasons why the zoning may not be desirable. The C-PZD would increase traffic volumes on a congested arterial. The C-PZD proposes a very limited number of permitted and conditional uses while lacking a traditional town design that facilitates the movement of non -motorized transportation. The C-PZD does not contribute towards a diversity of housing, or any type of mixed -use development that facilitates Fayetteville's City Plan 2030 goals. That said, the project will create development in an area where infrastructure is in place and underutilized. Assuming the proposed uses for this C-PZD are not committed to this site, by locating on the subject property limits the church, gym, restaurant, and hotel are not being built in greenfield areas on the City's periphery. Another benefit of this development is to increase the market potential of this interchange specifically, and the City at large. While approximately 12 acres of the most visible area of the proposed C-PZD will be dedicated for a use that does not support Fayetteville achieving its market potential, the balance of the lots are dedicated to commercial uses that are appropriate for a burgeoning commercial node. Sec. 166.06. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr. (Cross Church) 441\03 Planning Commission (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: The proposal meets the intent of several of the parameters of the above criteria, including the minimal disturbance of existing natural amenities, and the utilization of existing infrastructure. And as discussed, many of the project's uses are generally compatible with surrounding land uses, and largely appropriate for such a high -visibility and high -traffic interchange. That said, and as mentioned numerous times, the C-PZD as proposed would significantly limit the flexibility in the distribution of land uses and density of development. The limitations on permitted and conditional uses coupled with the increased setback requirements creates an area with extremely narrow development options and restricted site layouts. Furthermore, the C-PZD is generally inconsistent with the Future Land Use Plan designation of a Urban Center Area by proposing large parking areas with little spatial opportunity for sharing, not utilizing green space for connectivity and community green space, and not incorporating elements to facilitate alternative modes of transportation. BUDGET/STAFF IMPACT: None Attachments: ■ Fire Department Comments ■ AHTD 1-46 & Wedington Interchange Improvements ■ Planning Staff Site Layout Concepts ■ Current Land Use Map ■ Future Land Use Map ■ Close Up Map ■ One Mile Map Provided separately: ■ PZD Booklet ■ PZD Plats GAETC\Development Services Review\2016\Development Review\16-5408 PZD SE of 1-49 & Wedington Dr. (Cross Church) 441\03 Planning Commission The City of Fayetteville Fire Department 303) W. Ceiiter St. Fayetteville, 1AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 To: Jonathan Curth From: Captain J. Ashley Date: May 11, 2016 Re: C-PZD Wedington and Marinoni Dr This development will be protected by Engine 2 located at 708 N. Garland. It is 1.9 miles from the station with an anticipated response time of 3.5 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain J. Ashley Assistant Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! J A01/16 O@F�. C> McMillan Estates Street Cross Section (from Planning staff) McMillan Estates Alternative Site Layout (from Planning staff) McMillan Estates Alternative Site Layout 11 (from Planning staff) VyED1NCrTpfy McMillan Estates Alternative Site Layout III (from Planning staff) McMillan Estates Alternative Site Layout III (from Planning staff) fi if CIL- f"I 4* p j FA rAf Aw rZf cz±) DO se. P", Si a VA"MCW'- %PAU "GUS LTD APpl E TaV DR' FAlrrF' , AR 727W0Y Ol a C�= MARIM(Ni. IN FA "7F f May 18, 2016 Mr. Jason Appel, P.E. Engineering Services, Inc. 1207 South Old Missouri Road Springdale, Arkansas 72765-0282 Re: P1826 Vehicle Trip -Generation Comparison Existing 9-Tract Commercial Zoning vs. Proposed PZD McMillan Estates Development and Traffic Signal Warrants — Wedington Drive and Marinoni Drive McMillan Estates Fayetteville, Arkansas Dear Mr. Appel: As you requested, Peters & Associates Engineers, Inc. has compared vehicle trip generation of the existing nine -lot commercial zoning vs. the proposed PZD development to consist of a church, a fitness center, a restaurant and a hotel as proposed to be constricted along McMillan Drive east of Futrall Drive and west of Marinoni Drive in Fayetteville, Arkansas. The site is just east of I-49 and just south of Wedington Drive. The nine lots within the McMillan Estates total approximately 22.69 acres. For the existing commercial zoning, 20 percent building coverage was assumed for estimating the corrunercial building square feet. This calculates to approximately 200,000 square feet of building. It is likely that several buildings could be constricted on these nine lots, but the aggregate square feet could total close to what has been estimated and it is what has been assumed as a part of this study to develop traffic volume projections. The trip generation for the proposed PZD land uses were based on an approximate 900 seat church, an approximate 41,000 square -foot fitness center, an approximate 125 room hotel and an approximate 6,500 square -foot restaurant. The Trip Generation, an Informational Report, published by the Institute of Transportation Engineers (ITE) Trip Generation Manual 9th Edition, 2012, and Trip Generation Software 2013 by Trafficware, LLC, were utilized in calculating the magnitude of traffic volumes expected to be generated by the existing nine -lot commercial zoning vs. the proposed PZD development of the site. These are reliable sources for this infonnation and are universally used in the traffic engineering profession. Results of these calculations are summarized on the following table and chart, "Trip - Generation Comparison." 6507 RANCH DRIVE - SUITE 206 LITTLE ROCK, ARKANSAS 72223 (501) 668-3999 FAX: (501) 868-9710 Mr. Jason Appel, P.E. May 18, 2016 Page 2 PROPOSED r DAILY AM PEAKHOUR1 PM APPROXIMATE t AiVOLUME 1-WAY VOLUME ii ENTER EXIT VOLUME ENTER ia Church 900 Seats 560 519 21 13 16 17 Fitness / Health Club 41,000 Sq. Ft. 492 1,350 29 29 83 62 Hotel 125 Rooms 310 1,021 39 27 38 37 High -Turnover Sit -Down Restaurant 6,500 Sq. Ft. 932 825 39 31 38 26 SUB -TOTALS: 3,746 128 l00 175 142 TOTAL TRIPS ENTERING + EXITING EXISTING NINE -LOT COMMERCIAL ZONING iPEAK AM HOUR1 PM APPROXIMATE ITE VOLUME VOLUME LAND USE SIZE CODE 1ENTER EXIT ENTER EXIT Commercial Retail (20% coverage of Tracts 1-9) 200,000 Sq. Ft. 820 8,540 11.9 73 356 386 TOTAL TRIPS ENTERING + EXITING 9,000 8.000 7,000 6,000 5,000 E > 4.000 3.000 2.000 - 1,000 0 8,540 24-Hour Trip Generation Comparison Proposed PZD vs. Existing Nine -Lot Commercial Zoning --- -- - --- -- - - - — 742 - 228 192 31� - efvxh':3y1� \ _ AM Peak Hour PM Peak Hour Time Period Trip -Generation Comparison © Proposed PZD ❑ Existing Nine -Lot Commercial It was found that trip -generation corresponding to the nine -lot corrunercial zoning vs. the proposed PZD development land uses of the site are as follows: • 24-Hour: The proposed PZD land uses are calculated to generate, on a 24-hour basis, 4,794 fewer vehicle trips (combined in and out) than the existing zoning colnlnercial land uses. This equates to approximately 56 percent fewer vehicle trips. Mr. Jason Appel, P.E. May 18, 2016 Page 3 + AM Peak Hour: The proposed PZD land uses are expected to generate only 36 more vehicle trips (combined in and out) than the existing zoning possible land uses during the AM peak hour. This equates to approximately only 16 percent more vehicle trips. • PM Peak Hour: The proposed PZD land uses are expected to generate 425 fewer vehicle trips (combined in and out) than the existing zoning possible land uses during the PM peak hour. This equates to approximately 57 percent fewer vehicle trips. Traffic signal warrants analysis for projected traffic conditions for the intersection of Wedington Drive and Marinoni Drive to include full build -out of the proposed PZD have been made. As a part of these projected traffic conditions, the Arkansas State Highway and Transportation Department (AHTD) planned interchange improvements for I-49 and Wedington Drive have been assumed. These AHTD planned improvements include a connection of McMillan Drive to the re -aligned Futrall Drive and 1-49 northbound off -ramp. In evaluating the need for a traffic signal, certain established warrants must be examined by a comprehensive investigation of traffic conditions and physical characteristics of the location. The decision to install a traffic signal at a particular location must be evaluated quantitatively relative to these warrants. These warrants, as specified in the Manual on Uniform Traffic Control Devices (MUTCD), are described in detail in the appendix of this report. They are summarized as follows: ♦ Warrant One: Eight -Hour Vehicular Volume ♦ Warrant Two: Four -Hour Vehicular Volume ♦ Warrant Three: Peak Hour ♦ Warrant Four: Pedestrian Volume ♦ Warrant Five: School Crossing ♦ Warrant Six: Coordinated Signal System ♦ Warrant Seven: Crash Experience ♦ Warrant Eight: Roadway Network Per standard AHTD procedure with a right -turn lane on the side street (Marinoni Drive), a large portion of northbound right -turn volumes were factored out of the traffic signal warrants analysis. It was found that traffic signal warrants are not projected to be met for the intersection of Wedington Drive and Marinoni Drive with projected traffic volumes (with 60 percent northbound right -turn volume factored out). Volumes are not expected to be sufficient at this intersection to satisfy any warrants. The traffic signal warrants analysis results for this intersection are surnrnarized on the following table, "Traffic Signal Warrants Results - Wedington Drive and Marinoni Drive - Projected Traffic Conditions with 60% Right -Turns Factored Out." Mr. Jason Appel, P.E. May 18, 2016 Page 4 FINAL RESULTS:3`€z3�35 #"iiYS ftS S Projected Traffic Conditions Wt 60% RTs Factored Out Hour warrant was met: Major St.: Wedington Drive Minor St.: Marinoni Drive VOLUME COMB. 4 Hr. Peak 420 630 336 504 105 52 84 41 SUM MAX #8-1 #8-2 HOUR MAJOR MINOR 1A 113 1AB 2 3 ■ 7:00 1928 23 0 0 0 0 0 0 0 8:00 1490 23 0 0 0 0 0 0 0 9:00 1296 28 0 0 0 0 0 0 .0 10:00 1046 29 0 0 0 0 Q 0 0 11:00 1374 30 0 0 0 0 0 0 0 12:00 1706 53 0 1 0 0 1 0 0 13:00 1666 56 0 1 0 0 1 0 0 14:00 1759 56 0 1 0 0 1 0 0 15:00 2078 52 0 0 0 0 1 0 0 16:00 2039 41 0 0 0 0 1 0 0 17:00 2249 47 0 0 0 0 1 0 0 18:00 1897 61 0 1 0 0 1 1 0 19:00 1461 64 0 1 0 0 1 1 0 20:00 1280 55 0 1 0 0 1 0 0 21:00 1022 55 0 1 0 0 1 0 0 0 7 0 2 0 This intersection DOES NOT SATISFY the warrants for signalization as outlined in the "M.U.T.C.D." Traffic Signal Warrants Results - Wedinglon Drive and Marinoni Drive Projected Traffic Conditions with 60%Right-Turns Factored Out If you have any questions or need additional information, please contact us. Sincerely, PETERS & ASSOCIATES ENGINEERS, INC. Ernest J. Peters, P.E. President Trip Generation Summary - All Commercial Average Weekday Driveway Volumes Project: All Commercial Alternative: All Commercial Open Date: 5/17/2016 Analysis 5/17/2016 AM Peak Hour PM Peak Hour Average Daily Trips Adjacent Street Traffic Adjacent Street Traffic ITE Land Use Enter Exit Total Enter Exit Total Enter Exit Total 820 CENTERSHOPPING 1 4270 4270 8540 119 73 192 356 386 742 200 Gross Leasable Area 1000 SF Unadjusted Driveway Volume 4270 4270 8540 119 73 192 356 386 742 Unadjusted Pass -By Trips 0 0 0 0 0 0 121 131 252 Internal Capture Trips 0 0 0 0 0 0 0 0 0 Adjusted Driveway Volume 4270 4270 8540 119 73 192 356 386 742 Adjusted Pass -By Trips 0 0 0 0 0 0 121 131 252 Adjusted Volume Added to Adjacent Streets 4270 4270 8540 119 73 192 235 255 490 Total AM Peak Hour Internal Capture = 0 Percent Total PM Peak Hour Internal Capture = 0 Percent Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC 1 Trip Generation Summary - PZD Average Weekday Driveway Volumes Project: PZD Alternative: PZD ITE Land Use 560 CHURCH 1 900 Seats 492 CLUBHEALTH 1 41 Gross Floor Area 1000 SF 310 HOTEL 1 125 Rooms 932 RESTAURANTHT1 6.5 Gross Floor Area 1000 SF Unadjusted Driveway Volume Unadjusted Pass -By Trips Internal Capture Trips Adjusted Driveway Volume Adjusted Pass -By Trips Adjusted Volume Added to Adjacent Streets Total AM Peak Hour Internal Capture = 3 Percent Total PM Peak Hour Internal Capture = 3 Percent Open Date: 5/17/2016 Analysis 5/17/2016 AM Peak Hour PM Peak Hour Average Daily Trips Adjacent Street Traffic Adjacent Street Traffic Enter Exit Total Enter Exit Total Enter Exit Total 275 274 549 675 675 1350 29 29 58 83 62 145 511 510 1021 39 27 66 38 37 75 413 413 826 39 31 70 38 26 64 1874 1872 3746 107 87 194 159 125 284 0 0 0 0 0 0 16 11 27 0 0 0 3 3 6 4 4 8 1874 1872 3746 104 84 188 155 121 276 0 0 0 0 0 0 16 11 27 1874 1872 3746 104 84 188 139 110 249 Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC � S v m p1 ocm an000=.-_ _ - - - -- o 0 0 0 0 0 0 0 0 0 0 0 0 0 C 3 � y o C w � d3 O O O O O O O O O O O O O O O O °Vd •C C O f.1 E X p N N N N cO] m i0 N V V m N U O p p > U o ! p O m 0 p N O � ter r V T N ^ C4 Nc7 N m r � O U U S m W V m o� o r ,- o J \ m m 0 r m —oo - V-- o 4 y C = � O o 0 0 0 0 0 0 0 0 0 0 0 0 0 - E _ LL ii`` O O O O O O O O O O O O O O n > m a m¢ v a W. N N N N m 2 V V m m 2 41 z _ N N N N tO•l N Yml i� N a m (�O vm0 N O `o � o .m a` ¢} J ONi Q N O � N N N m b O ;' `o F w z U v W n y .^ Z Z a (n ll y 15 O . p c a li o Y�- ! r mmrnm n of � a CS3 U pU W m_ J Z o u c _ F- 5 W o o N c V 6 n m &1 o- ILI a F- z O t 3� r a .: it stiC 9 t PLANATED ,BONING DISTRICT APPLICA TION PROJECT BOOlaET McMILLAN ESTA TES PLANNED ZONING DISTRICT in FA YETTEVILLE, ARKANSAS May 2016 CONTENTS MCMILLAN ESTATES PZD PROJECT BOOKLET......................................................1 REVISED COVENANTS FOR MCMILLAN ESTATES ................................................ 15 ARCHITECTURAL ELEVATIONS.............................................................................. 22 WARRANTYDEEDS................................................................................................. 24 FINAL PLAT OF MCMILLAN ESTATES (REDUCED SIZE) .................................... 29 MASTER PLAN FOR PZD (REDUCED SIZE).......................................................... 30 ADJACENT PROPERTY OWNER EXHIBIT ON COUNTY PARCEL MAP ................. 33 PROJECT BOOKLET- MCMILLAN ESTATES PZD APPLICATION This document provides detailed information regarding the proposed Planned Zoning District for Lots 1 - 10 of McMillan Estates Subdivision to the City of Fayetteville, Arkansas. A) Current Ownership Information: Property included in the PZD is owned by three entities: Lots 1-7 and Lot 10 are owned by Cross Church, Inc., 1709 Johnson Road, Springdale, AR 72762. Lot 8 is owned by Fay CS, LLC, P.O. Box 7479, Springdale, AR 72766. Lot 9 is owned by 49 and Wedington, LLC, 2002 S. 481h Street, Suite A, Springdale, AR 72762. Cross Church, Inc. owns the majority of lots included in the rezoning, and is therefore listed as the "Applicant" on the rezoning application. B) Summary of the Scope/Nature/Intent of the Proposal The PZD is being requested to allow development of the existing subdivision as shown in the attached site plan, with a church campus at the south end on lots 8 and 9 (and potentially a portion of Lot 7 once AHTD realignment is completed), a fitness center on Lots 1, 3, and 5, a hotel on lots 4 and 6, and a restaurant on lot 1. Lot 10 is an unbuildable lot dedicated to stormwater conveyance. Lot 7 will initially be maintained as open space, but once a proposed ATHD improvement project is completed, the portion of Lot 7 south of a realigned McMillan Drive will become part of church development as well. The property is currently zoned UT (Urban Thoroughfare). The property included in the PZD is already developed as a commercial subdivision, so many of the considerations typically included in a PZD application, such as lot layout, lot size, street configuration, drainage considerations, etc. will not be applicable since the development has already been constructed and streets, water, sewer, drainage infrastructure are already in place. C) General Project Concept: 1) Street and Lot Layout: Streets are already constructed, and no change to the existing street configuration is proposed. Lots have already been created by the Final Plat of the development. 2) Site Plan Showing Proposed Improvements: A site plan showing the proposed improvements is being submitted concurrently with this booklet. 3) Buffer Areas: The property is bounded on the north and west by major roads, which serve as de facto buffers. No buffer areas in this area are therefore proposed. The property adjacent to Lots 1 and 2 to the east is vacant and zoned Residential Office (R-O). Marinoni Drive separates Lot 1 from the R-0 property. This zoning is a compatible use with the proposed development, and no buffer is proposed. Two large parcels owned by Marinoni, Inc. and Pam Angus, LTD border the PZD along much of the east boundary and the entire south boundary. This property is currently zoned RSF-4, but is vacant, and the current use appears to be agricultural. The most likely use for this property is future commercial development following rezoning to a commercial district. No buffer to the east is therefore proposed. 1-49 lies along the west boundary, Wedington Drive along the north, both of which serve as de facto buffers along those sides of the PZD. McMillan Estates PZD Project Booklet — Page 1 4) Tree Preservation Areas: The project is already a developed, platted commercial subdivision. All tree preservation requirements of the City of Fayetteville will remain in force within the PZD with no proposed modifications. However, the site is generally devoid of trees and tree preservation requirements are not generally applicable to the property. Mr. John Scott, Urban Forester, has approved a tree preservation waiver for the project. 5) Storm Water Detention Areas and Drainage: The property is already a platted development, and storm drainage for the subdivision has already been reviewed, approved, and installed by planning and engineering staff. No changes to the existing drainage and detention facilities are proposed as part of the PZD process. Storm water detention will not be required for development on individual lots within the development. 6) Undisturbed Natural Area: No easements or restrictions to conserve any undisturbed natural areas are proposed. The site was heavily disturbed during construction of the subdivision, and no undisturbed natural areas with significant conservation value are present. 7) Existing and Proposed Utility Connections and Extensions: Subdivision already has water and sewer. Any additional utility extensions would include cable, electric, phone, gas and will be installed within existing utility easements as needed to support proposed structures. All utility installation will be completed in conjunction with input from the utility companies. 8) Development and Architectural Design Standards: Development of the subdivision itself has already occurred. For individual lots, provisions of the enclosed revised subdivision covenants shall govern all development. 9) Building Elevations: Building elevations and architectural renderings for the Fitness One facility (lots 1, 3, and 5) and the Cross Church facility (lots 8 and 9) are included in the PZD application packet. Plans are still being developed for the proposed hotel and final details regarding the proposed restaurant on lot 2 have not yet been finalized. Lot 10 is an unbuildable lot and Lot 7 will remain undeveloped until realignment of McMillan Drive associated with proposed AHTD improvement project is completed. D) Proposed Planning Areas: The PZD includes two Planning Areas (PA's). PA-1 includes lots 1-6 and lot 10. PA-2 includes lots 7-9. E) Proposed Zoning Standards: Zoning standards for both PA's within the Master Plan in the City's UDC zoning format, Chapter 161, are provided below: McMillan Estates PZD Project Booklet— Page 2 McMillan Estates PZD - Planning Area 1 Zoning Standards: (A) Purpose. Planning Area 1 of the McMillan Estates PZD is designed especially to encourage the development of a fitness center on lots 1, 3, and 5 of the development, a restaurant on lot 2 of the development, and a hotel on lots 4 and 6 of the development, as detailed in the plans, exhibits, elevations, and descriptions provided in the PZD application packet., while also maintaining limited flexibility for the lots in the event one of the 3 prospective businesses within the PA does not proceed to construction as anticipated. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 13 Eating Places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping Goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Offices, studios, and related services Unit 25 1 Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front: 15 ft. Front, if parking is allowed between the 50 ft. right-of-way and the building Side None* Side, when contiguous to a residential 15 ft. district Rear 20 Ft. McMillan Estates PZD Project Booklet — Page 3 *Within the PZD, buildings shall be allowed to be constructed over side lot lines in such a manner that parts of a single building are located on more than one lot, provided, however, that both lots the building shall be constructed on are owned by a single entity and further provided that the building may not be constructed within or over any utility, drainage, or other easement. In the event a single building is constructed with a portion of the building on more than one lot, ownership of such lots shall not be sold or transferred individually until such time the building has been demolished or modified in such a manner that the building is located solely within the confines of a single lot. (F) Building Height Regulations. Building Height Maximum - Lots 1, 3, and 5 35 ft. Building Height Maximum - Lots 2, 4, and 6 75 ft. * Any building which exceeds the height of 20 ft. shall be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 ft. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. McMillan Estates PZD Project Booklet— Page 4 McMillan Estates PZD - Planning Area 2 Zoning Standards: (A) Purpose. Planning Area 2 of the McMillan Estates PZD is designed especially to facilitate the proposed Cross Church facility on lots 8 and 9 of the subdivision, as well as any portion of Lot 7 which may be located south of the realigned McMillan Drive right-of- way following completion of the AHTD project proposed in this area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right _ Unit 4 1 Cultural and recreational facilities Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 1 City-wide uses by conditional use permit Unit 31 Public protection and utility facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front: Front, if parking is allowed between the right-of-way and the buildin Side Side, when contiguous to a residential district Rear 30 ft. 50 ft. 20 ft. L5ft (F) Building Height Regulations. *Within the PZD, buildings shall be allowed to be constructed over side lot lines in such a manner that parts of a single building are located on more than one lot, provided, however, that both lots the building shall be constructed on are owned by a single entity and further provided that the building may not be constructed within or over any utility, drainage, or other easement. In the event a single building is constructed with a portion of the building on more than one lot, ownership of such lots shall not be sold or transferred individually until such time the building has been demolished or modified in such a manner that the building is located solely within the confines of a single lot. McMillan Estates PZD Project Booklet — Page 5 Building Height Maximum 75 ft. * Any building which exceeds the height of 20 ft. shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 ft. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. McMillan Instates PZD Project Booklet-- Page 6 F) A chart comparing each Planning Area zoning to the current zoning district requirements for uses, setbacks, density, intensity, bulk and area regulations, etc. (1) Comparison of Uses Permitted and Conditional Uses: Comparison of Uses Permitted Existing UT Planning Area 1 Planning Area 2 Unit 1 City-wide uses by right Yes Yes Yes Unit 4 Cultural and recreational facilities Yes Yes Yes Unit 5 Government facilities Yes No No Unit 8 Single-family dwellings Yes No No Unit 9 'Two-family dwellings Yes No No Unit 10 Three-family dwellings Yes No No Unit 13 Eating Places Yes Yes No Unit 14 Hotel, motel, and amusement facilities Yes Yes No Unit 16 Shopping Goods Yes Yes No Unit 17 Transportation trades and services Gasoline service stations and drive-in/drive through restaurants Yes Yes No Unit 18 Yes Yes _ No Unit 19 Commercial recreation, small sites Yes Yes No Unit 24 Home occupations Yes No No Unit 25 Unit 26 Offices, studios, and related services Multi -family dwellings Yes Yes No Yes No No Unit 34 Liquor Store Yes No No Unit 41 Accessory Dwellings Yes No No Unit 44 Cottage Housinq Development Yes No No Unit 45 Small Scale Production Yes No No Comparison of Conditional Uses Permitted on Appeal Existing UT Planning Area 1 Planning Area 2 Unit 2 Unit 3 City-wide uses by conditional use permit Public protection and utility facilities Yes Yes Yes Yes Yes Yes Unit 20 Commercial recreation, large sites Yes No No Unit 21 Warehousing and wholesale Yes No No Unit 28 Center for collecting recyclable materials Yes No No Unit 29 Dance halls Yes No No Unit 33 Adult live entertainment club or bar Yes No No Unit 35 Outdoor music establishments Yes No No Unit 36 Wireless communications facilities Yes No No Unit 38 Mini -storage facilities Yes No No Unit 40 Sidewalk Cafes Yes No _ No Unit 42 Clean technologies Yes No No Unit 43 Animal Boarding and Training Yes No No McMillan Estates PZD Project Booklet —Page 7 (2) Comparison of Density Regulations: Planning Planning Comparison of Density Re uirements Existing UT Area 1 Area 2 Maximum Density None None None (3) Comparison of Bulk and Area Regulations: of Lot Width Minimums Existing UT 18 feet Planning Areal Planning Area 2 None _Comparison T Single family dwellin s None All other dwellings _ None None None Non-residential None None J, None Planning Planning Comparison of Lot Area Minimums Existing UT None Area 1 None Area 2 None Lot area minimum (4) Comparison of Building Setback Regulations: Comparison of Setback Requirements Existing UT Planning Planning Area 1 Area 2 Front: Build -to zone from 10-25 15 ft. 30 ft. feet from front property line Front, if parking is allowed between the 50 ft. Build -to zone from 10-25 50 ft. right-of-way and the building feet from front property line Side None None 20 ft. Side, when contiguous to a residential 15 ft. 25 ft. None district other than single family Side, when contiguous to a single -family 15 ft. 15 ft. 25 ft. residential district ............. Rear — None (unless adjacent to - 20 ft. 25 ft. single family residential Rear, when contiguous to a single -family 20 ft. 25 ft. 15 ft. residential district (5) Comparison of Building Height Regulations: Planning Planning Comparison of Maximum Building Height - Existing UT -. Area 1 - Area 2 Maximum Building Height 56/84' ' 35/75' ** 75' ** McMillan Estates PZD Project Booklet — Page 8 * A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. ** Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (6) Comparison of Minimum Buildable Street Frontage Regulations: Comparison of Minimum Buildable Street Frontage Existing UT Planning Area 1 Planning Area 2 Minimum Buildable Street Frontage: 50% of Lot Width None None G) An analysis of the site characteristics related to the proposal: The PZD is contained within an existing, previously constructed and platted commercial subdivision reviewed, inspected, and approved by the City of Fayetteville. All drainage structures, streets, and water and sewer lines are already in place. No issues related to environmentally hazardous, sensitive, or natural resource areas are anticipated. The site was heavily disturbed previously during construction of the subdivision, and all drainage through the development is contained within pipes and man-made ditches. The site is bordered to the west by U.S. Interstate 49 and to the north by Wedington Drive. Construction of these streets and related infrastructure such as drainage conveyances and utility lines had significant impacts on the land adjacent to the PZD. Improvements to the 1-49 / Wedington interchange under consideration by AHTD are likely to further impact/disturb the area. There is little to no land within, north of, or west of the proposed development which could be characterized as being in its natural or pristine state. The property east and south of the PZD is currently vacant pastureland, and the most likely future use of this property is considered to be development for commercial uses. There are little to no trees within the PZD which could be impacted by construction activities, and a tree preservation waiver for the PZD has been granted by the Urban Forester. The primary focus related to any natural resources associated with construction activities within the development will be stormwater pollution prevention to avoid sediment from entering the stormwater conveyances north and west of the development during construction activities. Stormwater pollution prevention plans are required as a standard element within Large Scale Development plans and will be required as part of the plan review process. The overall potential" for adverse impacts to any sensitive or valuable natural resources is therefore considered to be low for this project. McMillan Estates PZD Project Booklet — Page 9 H) Description of recreational facilities, including existing and proposed park sites, open space, and accessibility to parks and open space areas: The proposed PZD does not include dedication of new public park areas or perpetually dedicated open space areas. However, Lot 10 of the subdivision is an unbuildable lot and provides an open space along the west side of the PZD along the 1-49 corridor. This open space will potentially be affected by future 1-49/Wedington Drive interchange improvements. Lot 7 will initially provide an area of open space for the development, but the land currently included in Lot 7 which lies south of the future alignment of McMillan Drive associated with AHTD improvements will become part of the Cross Church development once the realignment is completed. The church facility intentionally includes open green space between the building and parking areas, as shown in the layout provided with this packet. This open space is not intended to be dedicated as park land or formally designated as public space. Existing public parks in the vicinity of the PZD include: 1) Village at Shiloh Park Land, a 4.7 acre park located approximately one mile south of the PZD on the west side of 1-49 2) Hotz Park, a 0.6 acre park located along both sides of Hotz Drive approximately 1.1 miles southeast of the PZD 3) Lewis Soccer Complex, a 25 acre sports park located approximately 0.9 miles northeast of the PZD. 4) Friendship Park, a 0.4 acre park located 0.5 miles north of the PZD 5)Hamestring Creek Trail Corridor, a 13.7 acre tract located .5 miles northwest of the PZD on the west side of 1-49 6) Bryce Davis Park, a 26.0 acre tract located 0.6 miles northwest of the PZD and west of 1-49 near The Links apartments 7) Dale Clark Park, a 8.2 acre park located 0.8 miles southwest of the PZD on the west side of I- 49 near the Fayetteville Boys and Girls Club. There are significant park resources located a short drive from the proposed development in all directions. The proposed PZD will include no residential units, and is anticipated to have no impact on the demand or use of existing parks facilities. 1) Reason (need) for requesting the zoning change: The property within the PZD is, with the exception of Lot 10 (unbuildable) and Lot 8 (much of Lot 8 will be affected by AHTD improvements), currently located in the UT - Urban Thoroughfare zoning district. Lot 8 could remain in the C-2 district, but because it is proposed to be part of the Cross Church development, the decision was made to bring it into the PZD so the entire church development would have a single zoning district and single set of zoning standards. Lot 10 is unbuildable and could also remain in the C-2 district with little to no impact on plans for the subdivision, but since it is under the same ownership as the adjacent lots and is also part of the same subdivision, it is included in the PZD as well. The existing zoning district is not a good fit with the size and nature of the proposed developments within the subdivision. The application is being made to provide a unified set of zoning standards which will allow for and specify the type and form of development of the subdivision in a manner which meets the needs of the applicant, property owners, and business owners who will construct the proposed McMillan Estates PZD Project Booklet — Page 10 facilities while also achieving the objectives of the City of Fayetteville's planning and land use goals. The zoning standards for the two planning areas within the Master Site Plan provide specific requirements for the property within the PZD which restrict and direct the future development of the property and will allow the property to be developed as shown in the attached exhibits. The proposed uses and conditional uses are much more restricted within the PZD than in the current district's regulations, and will ensure the property is developed as proposed by applicants and also in line with The guiding policies for Urban Center Areas in Land Use 2030 include "Approve new regional commercial development as Planned Zoning Districts (e.g. shopping centers, business parks, medical parks, industrial parks and mixed -use developments). The development of the property as proposed in the PZD will provide expanded dining, exercise, hotel, and worship opportunities to Fayetteville residents and visitors. In this manner, the project has the potential to add to quality of life in the City as well as benefit economic growth. This commercial development has set vacant since the final plat was filed more than thirteen years ago, and remains vacant despite being rezoned to U-T. Once the PZD is approved, the entire subdivision will be developed in a relatively short time frame with high -quality, attractive businesses and a church that already serves many Fayetteville residents will be able to relocate from its problematic current location to a destination much better suited to its needs. J) Statement of how the development will relate to existing and surrounding properties in terms of land use, traffic, appearance, and signage: The property is located at the intersection of two heavily used and very visible corridors. Wedington Drive and 1-49 are two of the primary vehicular arteries in Fayetteville, and the property was developed for and suitable for commercial use of the type proposed in the PZD application materials. For the lots in Planning Area 1, the proposed zoning change from UT to PZD will not alter the proposed underlying use of the property, which will be primarily commercial, and no change to the compatibility or relationship of the property to neighboring properties is anticipated as a result of the rezoning. For Planning Area 2, the PZD will allow construction of a church facility, which will not conflict with any surrounding uses or properties. Due to its size and nature, 1-49 insulates the project from the properties to the west and serves as a buffer and provides physical, visible, and functional separation of properties on opposite sides of the corridor. Wedington Drive to the north similarly isolates the PZD from the properties to the north, which consist of a wide variety of uses, including single family residential, multi -family residential, and commercial uses. Although no single use would be compatible with all uses along the north side of Wedington, any incompatibility with the residential uses will be lessened by the presence of Wedington Drive as well as the proposed layout of the buildings at the north end of the PZD. Lot 1 is the only lot located adjacent to Wedington Drive, and will include parking only and only access McMillan Drive, an interior street within the PZD. The proposed restaurant on Lot 2 will be set back well south of Wedington Drive, will face the interior street and will only access McMillan Drive. The absence of vehicular access from Wedington Drive and no buildings constructed near Wedington Drive should serve to minimize or eliminate any compatibility issues with the properties to the north. The proposed development is compatible with the vacant RO property at the southeast corner of Marinoni Drive and Wedington Drive. The large properties east and south of the PZD owned by Marinoni, Inc. and Pam Angus, LTD are currently zoned for residential development. However, the properties are currently McMillan Estates PZD Project Booklet— Page 11 vacant, and current use appears to be agricultural. In addition, it is considered the most likely type of development that will actually take place on these properties will be commercial in nature, which would be compatible with both planning areas within the proposed PZD. K) Statement of project's compliance with the Fayetteville Comprehensive Land Use Plan: The land in the proposed PZD is classified as Urban Center Area on the Future Land Use. This classification is consistent with the proposed uses within the proposed PZD. City Plan 2030 provides the following description for Urban Center Areas: "Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public infrastructure. Guiding Policies: a. Encourage mixed -use development to allow for shared parking and day and night utilization of available parking. b. Encourage intensive mixed -use development within one -quarter mile of public transit routes. c. Provide enough retail business and service space to enable Fayetteville to realize its full potential as a regional market. d. Encourage continuing improvements and expansion of regional shopping and entertainment attractions. e. Require that large commercial sites be designed and landscaped in a manner that preserves the aesthetic character of their surroundings. f. Direct new regional development into designated regional commercial centers. g. Approve new regional commercial development as Planned Zoning Districts (e.g. shopping centers, business parks, medical parks, industrial parks and mixed -use developments) or complete neighborhood plans in order to assure the overall integration of design and use h. Utilize principles of traditional residential urban design to create compatible, livable and accessible neighborhoods. i. Protect and restore Fayetteville's outstanding residential architecture of all periods and styles. j. Utilize the Master Street Plan and incorporate bike lanes, parkways and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. k. Utilize open space by providing pocket parks and community green space, creating connectivity of natural areas across the community. 1. Encourage the integration of clean tech industrial uses with residential and commercial uses" McMillan Estates PZD Project Booklet— Page 12 The proposed development includes elements in line with many of the Guiding Policies for Urban Center Areas, and is especially consistent with items c, d, e, f, and g. L) A traffic study has not been completed for the proposed development. The PZD consists entirely of property within an existing subdivision, and no street improvements are proposed. M) Impact on City services, including the availability of water and sewer. Water and sewer infrastructure sufficient to provide services for commercial development of the property has already been installed. The subdivision includes an 8" PVC sewer main and an 8" PVC water main along McMillan Drive. No adverse impact to City services are anticipated as a result of the proposed PZD. O) Conceptual Description of Development Standards, Conditions, and Review Guidelines: 1) Screening and Landscaping: Screening and landscaping requirements will be in line with requirements included in Chapter 177: Landscape Regulations of Title XV Unified Development Code. 2) Traffic and Circulation: All lots within PZD shall have vehicular access to interior streets only, with no lot accessing Wedington Drive directly, other than the proposed church facility which may potentially access Futrall Drive near the southwest corner of Lot 8. Traffic and circulation within individual lots shall be in accordance with provisions of Chapter 172: Parking and Loading of Title XV Unified Development Code. 3) Parking Standards: Parking standards shall be as provided in Chapter 172: Parking and Loading of Title XV Unified Development Code. 4) Perimeter Treatment: No perimeter buffers are proposed due to the nature and use of surrounding properties and the presence of 1-49 to the west and Wedington Drive to the north. 5) Sidewalks: Sidewalks along right-of-way of interior public streets shall be constructed by developers of individual lots in accordance with the provisions of the Final Plat of McMillan Subdivision. It is anticipated sidewalks will be constructed along both sides of McMillan Drive by the owners of the individual lots when improvements on those lots are undertaken. 6) Streetlights: Streetlights have already been installed along interior streets within the development. No changes to streetlights are proposed. 7) Water: 8" PVC water main along McMillan Drive already installed to provide water for development. 8) Sewer: 8" PVC sewer main along McMillan Drive already installed to provide water for development. 9) Streets and Drainage: Streets and storm drainage have already been installed within development. Additional storm drainage facilities or modifications to storm drainage facilities to serve development of individual lots shall be reviewed during the LSD review process and shall comply with provisions of Chapter 170: Stormwater Management, Drainage and Erosion Control of Title XV Unified Development Code and the requirements of the edition of the City's Drainage Criteria Manual currently in force at time of LSD plan review. 10) Construction of Nonresidential Facilities: All facilities constructed within the PZD will be non- residential in nature. All construction shall be in accordance with the provisions of Chapter 173: Building McMillan Estates PZD Project Booklet — Page 13 Regulations of Title XV Unified Development Code, including all of the various building, fire, electrical, plumbing, and other codes adopted therein by reference. 11) Tree Preservation: A waiver of tree preservation requirements for the PZD has been granted by the Urban Forester due to the absence of trees on site. 12) Architectural Design Standards: Development of individual lots within Planning Area 1 shall comply with commercial design standards of the City of Fayetteville as provided in Section 166.25 of Chapter 166: Development of Title XV Unified Development Code. In addition, proposed revised covenants provide for review of plans by an Architectural Control Committee and provide for additional architectural standards, such as required design elements for the front of each building and range of acceptable roof pitches. 13) Proposed Signage (type and size): Proposed signage shall be in accordance with the standard requirements of the Fayetteville City Code as specified in Chapter 174: Signs of Title XV Unified Development Code. Additional signage requirements and specifications are provided in the revised covenants. 14) View Protection: All development shall conform to the height restrictions included in the proposed zoning standards for the PZD. 15) Covenants, Trusts, and Homeowner Associations: Covenants for McMillan Estates were recorded in the records of the Washington County Circuit Clerk at Book 2002 Page 64861 in May of 2002. Revised covenants for the PZD have been drafted and are included with the PZD application materials. McMillan Estates PZD Project Booklet — Page 14 This Instrument Prepared By: Kenneth N. Hall P. O. Box 8451 Fayetteville, AR 72703 AMENDED AND RESTATED COVENANTS FOR MCMILLAN ESTATES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS This Amended and Restated Covenants for McMillan Estates Addition to the City of Fayetteville, Arkansas is made and executed as of the day of , 2016, by Cross Church, Inc. (hereinafter referred to as "Cross Church") and FAY CS, LLC ("FAY CS"). A. On or about May 7, 2002, an original Covenants for McMillan Estates Addition to the City of Fayetteville, Arkansas (the "Original Covenants") was filed in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas as Document Number 2002064861, with respect to the real property in Washington County, Arkansas described below. B. A plat of the McMillan Estates Addition Subdivision (the "Plat") was filed in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas at Plat Book 23, Page 33. C. Cross Church and FAY CS own all of the property and lots within the McMillan Estates Subdivision and desire to amend and restate the Covenants as set forth herein. NOW, THEREFORE, in order to insure proper use and appropriate development and improvements of each building site thereof, to protect the owners of building sites against such improper use of surrounding buildings sites as will depreciate the value of their property; to guard against the erection thereon of structures built of improper or unsuitable materials; to insure adequate and reasonable development of said property; to encourage the erection of attractive improvements thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement on the property, Cross Church and FAY CS desire to amend and restate, in its entirety, the Original Covenants, which shall run with the lands hereinafter described and shall be binding upon the lands and upon all parties claiming any right, title or interest in and to the lands. 1. AREA OF APPLICATION. These covenants shall apply to the lands situated in the McMillan Estates Addition to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Located in the NW 1/4 of the SE '/4 and the NE '/4 of the SE '/4 of Section 7, Township 16 North, Range 30 West of the 51" Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a point North 02 degrees 21 minutes 40 seconds East 1,388.72 feet and North 87 degrees 38 minutes 20 seconds West 1,326.80 feet from an Arkansas Geological Commission monument marking the Southeast corner of said Section 7, thence North 88 degrees 18 minutes 28 seconds West 1,102.42 feet to a point along the Easterly line of the City of Fayetteville property (for sewer lift station); thence North 03 degrees 32 minutes 53 seconds East 36.27 feet to a point; thence North 86 degrees 27 minutes 07 seconds West 43.79 feet to a point along the Easterly Right-of-way line of U.S. Highway 71; thence along said right-of-way North 21 degrees 27 minutes 30 seconds East 15.52 feet to a point; thence continuing along said right-of-way North 33 degrees 16 minutes 05 seconds East 493.06 feet to a point; thence continuing along said right-of-way North 40 degrees 33 minutes 50 seconds East 156.60 feet to a point; thence continuing along said right-of-way North 34 degrees 32 minutes 59 seconds East 269.68 feet to a point; thence continuing along said right-of-way North 60 degrees 14 minutes 57 seconds East 118.00 feet to a point; thence continuing along said right-of-way Noah 69 degrees 16 minutes 19 seconds East 250.43 feet to a point; thence continuing along said right-of-way North 56 degrees 35 minutes 41 seconds East 125.00 feet to a point; thence continuing along said right-of-way North 26 degrees 05 minutes 05 seconds East 130.00 feet to a point; thence continuing along said right-of-way North 48 degrees 27 minutes 53 seconds East 70.71 feet to a point along the Southerly right-of-way of Arkansas Highway 112 Spur, also known as Wedington Drive; thence along said right-of-way North 84 degrees 56 minutes 02 seconds East 82.11 feet to a point; thence continuing along said right-of-way South 87 degrees 08 minutes 06 seconds East 144.86 feet to a point; thence continuing along said right-of-way South 52 degrees 08 minutes 35 seconds East 61.03 feet to a point; thence continuing along said right-of-way South 87 degrees 08 minutes 06 seconds East 60 feet to a point; thence continuing along said right away North 51 degrees 40 minutes 45 seconds East 53.15 feet to a point; thence continuing along said right-of- way South 87 degrees 08 minutes 06 seconds East 227.76 feet to a point; thence away from said right -a -way South 02 degrees 21 minutes 40 seconds West 490.34 feet to a point; thence South 55 degrees 46 minutes 29 seconds West 613.35 feet to a point; thence South 02 degrees 21 minutes 40 seconds West 365.43 feet to the point of beginning, containing 27.65 acres (1,204,624 sq. ft.). The property is also known as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, McMillan Estates, Fayetteville, Arkansas as shown on Plat filed for record in Plat Book 23 at Page 33, Records of Washington County, Arkansas. All restrictions noted herein are subject to the ordinances and regulations of the City of Fayetteville, Arkansas. 2. USE OF PROPERTY. The lands subject to these covenants shall be used for those purposes allowed under a commercial zoning designation or planned zoning district approved by the City of Fayetteville, Arkansas, and for no other purposes. 3. USE OF LAND BETWEEN BUILDINGS. No building or structure above ground shall encroach upon or into the setback area between buildings and the area is to be used either for open landscape areas or for off street surfaced parking areas. 4. EASEMENTS. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. No structures, planting, or other material shall be placed or permitted to remain on these easements which would damage or interfere with the installation and maintenance of utilities or change the direction of flow of drainage in the easements. The easement area of each lot shall be maintained continuously by the owner of the lot except those improvements for which a public authority or utility company is responsible. 5. BUILDING HEIGHT RESTRICTIONS. For lots 1, 3, 5, and 7, the maximum building height (inclusive of signage) shall be thirty-five (35) feet, measured from the finish floor elevation to the highest point of the roof at its ridge. This height restriction shall not include equipment installed on the roof ofa building so long as such equipment is screened and not visible to the public. This restriction shall not apply to the other lots within the development. 6. ARCHITECURAL CONTROL. The construction, erection, placement or alteration of any building or improvement on any site shall be begun only after the construction plans and specifications therefor, together with a plot plan showing the location of the structure or improvement upon the site, have been submitted to and approved by the Architectural Control Committee as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The fiont of each structure shall incorporate gables, columns, and cupolas. The roof design allowed shall range fi-om flat roof to 12 on 12 pitch. The Architectural Control Committee shall have the authority to adopt restrictions hereafter on materials, plans, and specifications with the approval of the City of Fayetteville. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days plans and specifications which have been submitted to it, or if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 7. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee is composed of a representative chosen by Cross Church. In the event that Cross Church no longer owns or leases a lot in the McMillan Estates Subdivision, the representative of the Architectural Control Committee shall be chosen by the then owners of a majority of the square footage of the platted lots within the McMillan Estates Subdivision. Neither the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At any time the then record owners of a majority of the square footage of the platted lots within the McMillan Estates Subdivision shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore it to any of its powers and duties. 8. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, mobile home, travel trailer, tent, shack, garage, or other outbuilding shall be used on any lot at any time except in the limited case that temporary structures shall be allowed during construction of improvements provided that they are first approved by the architectural control committee. 9. EXCAVATION. No excavation shall be made on the property except excavations for the purpose of building at the time of commencement of such building, or for the improvement of the grounds thereof (including water features), and further except excavations for the installation of underground storage tanks for petroleum products. No soil, sand or gravel shall be removed from the property except as part of such excavations. 10. LANDSCAPING. All landscaped areas to be grass shall be fully sodded and fully irrigated. 11. OPEN STORAGE OF MATERIALS. No goods, equipment, supplies or other materials shall be stored in the open except on the rear two-thirds (2/3) of any lot, and then only when such open storage is fenced with screening fence at least six (6) feet in height. All fencing for screening, security or other purposes shall be attractive in appearance and shall be of an all - metal industrial type fence of galvanized or non-ferrous material, or other comparable material approved by the Architectural Control Committee. Chain link and barbed wired materials shall not be allowed. 12. MAINTENANCE OF PREMISES. Each owner shall keep its premises, buildings, improvements, and appurtenances in a safe, clean, neat, wholesome condition, and shall comply in all respects with all government, health, and police requirements; each owner will remove at its own expense any rubbish of any character which may accumulate on its property. 13. SIGNAGE. Unless otherwise approved by the Architectural Control Committee no billboards or advertising signs other than those identifying the name, business and products of the person or firm occupying the premises shal I be permitted, except that a sign not to exceed five (5) feet by ten (10) feet in size offering the premises for sale or lease may be permitted. Any signage shall conform to the sign and overlay district ordinances of the City of Fayetteville. Any fi•ee-standing signs shall be monument in style. Cross Church (or assigns) shall be entitled to the use of fifty percent (50%) of the existing sign located on Lot 1 (or any replacement of such sign) (the "Existing Sign") and an easement is hereby reserved in favor of Cross Church to maintain and utilize the Existing Sign. The balance of the Existing Sign may be used by the owners of the remaining businesses of the McMillan Estates Subdivision (space allocated proportionately based on total number of businesses — e.g. if there are three (3) businesses, each would be entitled to 1 /3d of the remaining space). FAY CS shall have first choice as to the location of its sign on the remaining space on the Existing Sign. Cross Church will maintain the Existing Sign and other owners will reimburse Cross Church its costs on a proportionate basis. 14. SIDEWALKS. Pursuant to the requirements of the City of Fayetteville, the owner of each lot shall be responsible for construction of sidewalks on its respective property. By acceptance of its deed, the owner covenants with the trust to construct any sidewalks in conformity with the city requirements, and to indemnify and to hold the trust harmless from any loss, penalty, or claim arising from its failure to do so. 15. NUISANCES. The lands, or any part thereof, or any building or erection thereon or to be erected or placed thereon, shall not be used for any purpose or in such a manner which shall be a nuisance to the occupants or owners of any neighboring lands or buildings, or to the development in general, by reason of the emission from the lands, or any part thereof, or the creation thereon of odors, gases, dust, smoke, noise, fumes, or waste or otherwise. Under no circumstances shall the use of lot for a church or church related activity be considered a nuisance. The determination of whether a business or activity is objectionable for any reason shall be at the sole discretion of the Architectural Control Committee. The lands shall not be used for the manufacture, storage, distribution or sale of any materials or products which shall increase the insurance rates of the adjoining property or for any purpose which constitutes a nuisance in the generally accepted definition of that term. 16. COMPLIANCE WITH GOVERNMENTAL REGULATION AND INDEMNIFICATION. The owners of lots in this addition shall at all times comply with all applicable governmental laws, ordinances, and regulations. By acceptance of the deed of conveyance to each lot, the owner acknowledges its obligations hereunder, and agrees to indemnify and hold all other lot owners harmless from any loss arising from its breach of this or any other provision of these covenants. 17. TERM. Each condition and covenant herein contained shall continue for a term of twenty-five (25) years from the date of recording in the deed records of Washington County, Arkansas, and shall continue automatically thereafter in force for additional periods of ten (10) years each unless a written declaration signed and acknowledged by the then owners of a majority of the square footage of the platted lots within this addition shall be filed in such records modifying or terminating these covenants. 18. AMENDMENT. These covenants may be amended at any time by a written declaration, signed and acknowledged by the then owners of seventy-five (75) percent of the square footage of the platted lots within this addition, being filed in the records of Washington County, Arkansas, making changes or amendment to such covenants. 19. ENFORCEMENT. Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any provision hereof, either to restrain such violation or to recover damages for such violations, or both. [SIGNATURES ON FOLLOWING PAGES] EXECUTED on this day of , 2016. Cross Church, Inc. By: Print Name: Title: ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF BE IT REMEMBERED, That on this day came before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting to me well known as the person whose signature is affixed to the foregoing instrument, and acknowledged that he/she is the of Cross Church, Inc., and acknowledged that he/she had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this day of , 20I6. Notary Public My commission expires EXECUTED on this day of , 2016. FAY CS, LLC By: Print Name: Title: ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF BE IT REMEMBERED, That on this day came before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting , to me well known as the person whose signature is affixed to the foregoing instrument, and acknowledged that he/she is the of FAY CS, LLC, and acknowledged that he/she had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this day of .2016. Notary Public My commission expires - ------ --- -1 sestmliv -am-Ua4d MCC 30VXDVd DMOINd ME inuw SSO213 CE I = I � to y A Tbis Instrument Prepared by: Kenneth N. Hall Reece Moore Pendergraft LLP P.O. Box 1788 Fayetteville, Arkansas 72702 GENERAL WARRANTY DEED Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 11/26/2014 2:16:54 PM Fee Amt: $20.00 Page 1 of 2 Washington County, AR Kyle Sylvester Circuit Clerk File# 2014-00030583 James Family Properties, LLLP, an Arkansas limited liability limited partnership, f/k/a Thomas F. James Realty Limited Partnership, LLLP, an Arkansas limited liability limited partnership ("Grantor"), for and in consideration of Ten Dollars ($10,00) and other good and valuable consideration, in hand paid by Cross Church, Inc., an Arkansas corporation ("Grantee"), the receipt and adequacy of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Grantees, and unto its successors and assigns, the following described real property in Washington County, Arkansas, to -wit, Lots Numbered I, 2, 3, 4, 5, 6, 7 and 10, McMillan Estates, Fayetteville, Arkansas, as shown on the PIat filed for record in flat Book 23 at rage 33, Records of Washington County, Arkansas. TO HAVE AND TO HOLD such real property unto Grantee and Grantee's, successors and assigns forever and ever with all tenements, appurtenances, and hereditaments thereunto belonging, and all fixtures, structures, and improvements situated thereon. Grantor warrants that Grantor is lawfully seized of the real property and will forever warrant and defend the title to such real property against all claims whatsoever, except for recorded instruments and easements appearing of record and 2014 real estate taxes. EXECUTED this day of O VIM PWfL 2014 JAMES FAMILY PROPERTIES, LLLP o sue By: Thomas F. James Properties, LLC, General Partner By: [� J46 J. Scherer, M6dier File NUMbeC 2014-00030585 page 7 of 2 I certify under penalty of false swearing that documentary stamps or a documentary symbol NO ZEMWO C in the legally correct amount bas been placed pu E . on this instrument. r—"rl ~ri7t t: 4um9r�K►r c c , A* Ac¢u-r r-t*- Crantee: C A Dry !E�&QAq , I N G, ACKNOW LED GMENT STATE OF COUNTY OF BE IT REMEMBERED, That on this day came before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting Judith J. Scherer, to me well known as the person whose signature is affixed to the foregoing instrument, and stated that she is the Manager of Thomas F. James Properties, LLC, the General Partner for James Family Properties, LLLP, the grantor herein, and acknowledged that she had executed, signed and delivered the same in her capacity as such Manager, for the consideration, uses and purposes therein mentioned and sat forth. Wre,x),bes-- WITNESS nay hand and seal as such Notary Public this JF day of 5eptomber, 2014. No ary Ablic My Commission Expires: (SEAL) lIj Washington County, AR I certify this instrument was filed on 11/26/2014 2:16:54 PM and recorded in REAL ESTATE File# 2014-00030583 Kyle Sylvester - Circuit Clerk File Number 2014-00030583 Page 2 of 2 This Instrument Prepared by: Kenneth N. Hal Reece Moore Pendergraft LLP P.O. Box 1788 Fayetteville, Arkansas 72702 GENERAL WARRANTY DEED Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 11/26/2014 11:37:23 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2014-00030533 Jaynes Family Properties, LLLP, an Arkansas limited liability limited partnership, flk/a Thomas F. James Realty Limited Partnership, LLLP, an Arkansas limited liability limited partnership ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in band paid by 49 & Wedington, LLC, an Arkansas limited liability company ("Grantee"), the receipt and adequacy of which is hereby acknowledged, does hereby M grant, bargain, sell and convey unto Grantees, and unto its successors and assigns, the following described real property in Washington County, Arkansas, to -wit: Lot Numbered 9, McMillan Estates, Fayetteville, Arkansas, as shown on the Plat filed for record in Plat Book 23 at Page 33, Records of Washington County, Arkansas. 1�j TO HAVE AND TO HOLD such real property unto Grantea and Grantee's, successors and assigns forever and ever with all tenements, appurtenances, and hereditaments thereunto belonging, and all fixtures, structures, and improvements situated thereon. Grantor warrants that Grantor is lawfully seized of the real property and will forever wan -ant and defend the title to such real property against all claims whatsoever, except .for recorded instruments and easements appearing of record and 2014 real estate taxes. EXECUTED thisZl'day of AjPV9Mftj, 2014. JAMES FAMILY PROPERTIES, LLLP By: Thomas F. James Properties, LLC, General Partner B. e Vhhj. Scherer, b0nager File Number: 2014-00030533 Page 1 of 3 l certify under penalty of false sweating that documentary stamps or a documentary symbol in the legal[y correct amount has been placed cid-r`Y in—Ttta-rLG 6",5g0< `e a A IGE►ii Grtnktee: Print Name: tzfq 4 Date: illujny .151? 4 DAt,� , `7 2. 7 6. 7 - ACKNOWLEDGMENT STATE OFfniJ COUNTY OF'PULkeA.( BE IT REMEMBERED, That on this day carve before the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting Judith J, Scherer, to me well known as the person whose signature is affixed to the foregoing instrwnent, and stated that she is the Manager of Thomas F. James Properties, LLC, the General Partner for James Family Properties, LLLP, the grantor herein, and acknowledged that she had executed, signed and delivered the same in her capacity as such Manager, for the consideration, uses and purposes therein mentioned and set forth. /�" WITNESS my hand and seal 2014. My Commission Expires: 6/-o1r n?o 3 (SEAL) as such Notary Public this . IS day of September, hid ir*b.lic File Number: 2014-00030533 Page 2 of 3 o-IP2.E MA-5 4tlp STATE OF ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION MISCELLANEOUS TAX SECTION P.O. BOX 896, LITTLE ROCK, AR 72203-0896 a !Real Estate Transfer Tax Stamp Proof of Tax Paid File Number: 14-3349 Grantee: 49 & WEDINGTON, LLC Mailing Address: 2002 SOUTH 48TH STREET, STE A SPRINGDAL.E AR 727620000 Grantor: JAMES FAMILY PROPERTIES, LLLP F/K/A THOMAS F. JAMES REALTY Mailing Address: LIMITED PARTNERSHIP, LLLP N/A N/A AR N/A000000 Property Purchase Price: Tax Amount: County: Date Issued: Stamp ID: WASHINGTON 11 /26/2014 1998258176 $3,153,744.00 $10,408.20 Washington County, AR I certify this instrument was filed on 11 /26/2014 11:37:23 AM and recorded in REAL ESTATE File# 2014-00030533 Kyle Sylvester - Circuit Clerk I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument Grantee or AgentName(printed):.pt�Q Grantee or Agent Name (signature): Y^ F Address: �2 Sn `' `-k'-i - 5 City/State/Zlp; Date: ) / ZIP If 14 File Number: 2014-00030533 Page 3 of 3 I ev mm av on ww, 1C, A,4 IV, tom, .lam- 1, FINAL FLAT 7; 771.: m% A F- McMILLAN ESTATES PZD 11MCI N awl A CWm 0 YZIU-14, �4 0 1-1 -7� 2: PLAT COVER SHEET/SURVEY roR CROSS CHURCH INC FAYETTEVILLE. ARKANSAS r—Wr5lMr—rPINS SEOVICES. INCOPPOR.Tr66 I SPRiNGDALE. 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AR K ANSAS SKEET y-u 15907 $ 4I r r7'I. - '�' -.fir _ r• �'� .� VICIWT`r MAP IZONINS MAR) VICINITY MAP tMASTER STREET PLAW McMILLAN ESTATES PZD MUM" WA- fuelyrv1,04 10 I,N CILA 0 —01-14 —MIM ffd:m Pt - NA -A, -vu I" Al ffltG ..MNOPM. EXHIBIT "Do COVER SHEET/SUPVEY rop CROSS CHURCH INC FAYETTEVILLE, ARKANSAS EW�jMk-ERING SERVICES, lkiCOPPORAYED SPRINGDALE, APKANSAS wr+��x. � .v�u•.•.s.a w.wr ww yrc.nsrwau `)' IOV4hsa Jq � �CMw�inrJ �iru�.0 Y,1dN v b,�ps,Nwnca. w,r,Yir — _ - ynlA r-nrliw+mr. ds Yafunn utY.[xyirrwan A qr CFelf4nl •a•.I�mwYNo,fvfieNM. erC+Ft•�slRs 4 f 'Nrk r.�umwM.F►grrs K7 �.►► N+f If S�n•+c+..N»N EY}+ �s .4xn2rM.•F 4.I.vY•4, gha�iryr,_awmw u,i •-+qu +ta.' I •xw wew.w Din McMILLAN ESTATES PZD '•,•ram/ MA,Ir p..'y.L+n,+�•IYr,.+.� M Mu�-rUr,Mr m; titr ».�� irn•aw�r CawrN w..en»r..nf �'rTq..wx 4 hewenmw 9k14 w[.xw.npnwer ,�. '•.•WwMn•.wnM • ray,•ra..,e„r"r •�•ryr,.. w.•w.w�r ~irwywiuw.w n. 2«�Nu 1+4r06l. a, C 4MarWa 4.++,.ar W P.•'.� fr,Fnw , , •.sum•• Y WtiG.J�a+.u�.nu.•m r•.N rn..rer.�rmaa xa»rf •tiM. ^.•./•a'M++i r. w�.+M1 xrxe+wa, L.a r.,.p. • wsM+ a-4i. N.•y-rr't�w Rin.x.r +raWSL nssr �MM�,Yrwr ,. v;.-•w, wV+n �. •r.n r.«.•�qy nn+e ,»r.w• •w r MeM+r�frl �hlw�Mw I� rt •iY w.o.•.wgW i u sr.•ne. Nr hr•wS Nw.I ,+M+ sh rl h w,t+N CMC•�yn V•rt wrrr•r1«.! P veNn::a„IrxvnY c..ar wNaea.Hcea .s Sr w>sa.w.w rm �anDrlc w::sa C. m0i O sRCR- DFYrrrM1.. eDuee-rri, rlav�D}pNr4yr.�rR.c! ey:_•rGys li AeS4 SRN MN.GR !N ,bW 4+ FlYi1rXM4 $ !V tGPS+ w r na a 4+m + fMR 4ml ! Y9: ul�vnrY�1 I�i�iS r,p,yns:S�[ur.,al I,nYN.wtr.. aLrfY •a+f1_ xr ,a(DII b.St bf11[yt_ - STANDARDS BY P.A. McMILLAN ESTATES PZD FAYETTEViLL.E/ ARKANSAS ENGINEERINM SERVICES, INCORPORATED SPRINGDAI,E, ARKANSAS ',N 0 R F9�rir sr,F[ t ,2 McMILLAN ESTATES PZD C-5 w p-lnk"GyoN DRIVE RI-C:-PAL ARTFR-AL zil Ile, MARINOW 0 IFF IV, E7 J- MASTER PLAN Mr-MILLAN ESTATES RZD FAYETTEVILLE, ARKANSAS ENGINEERING SERVICES, INCORPORATED SPR(INGOALE, ARKANSAS RECEIVED JUN 2 92016 CITY OF FAY CITY CLERK`S OFFICE BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain, approval of a :request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Cross Church, Inc., hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Zoning District P-1 Institutional Uses, primarily church related uses. 2. The structure upon the property will be a single principal structure which will initially be constructed substantially as shown on attached Exhibit A (the "Church Building"). The Church Building will be used as a church, pre-school and other church related activities. Petitioner reserves the right to expand the Church Building, including the expansion(s) as shown on attached Exhibit A, and further reserves the right to construct ancillary structures which are related to the mission of the church. 3. Specific activities will not be allowed upon Petitioner's property include 4. (Any other terms or conditions): 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNSS WHEREOF and in agreement with all the terms and conditions stated above, I, LW KM^y,�� C s the owner, developer or buyer (Petitioner) voluntardy Oder all such assurances and sign my name below. Date Address r STATE OF ARKANSAS } COUNTY OF WASHINGTON } Printed Name Signature — NOTARY OATH Anct now on this the D day of 2016, appeared before me, Notary Public, and after being placed upon his/her oath swore or affirmed that agreed with the terms of the above Bill of Assurance and signed his/her name above. AN iPPCLZC My Commission Expires: �.� aaos s�eau4� WNSHINGTON C01M Y NOTARY PUBLIC - AWANSAS * CtknM"on eq*- Mt*Wr A 202a Cofimbsl n No. E x K -l�IT „A 1 I 1 r� tiw k Y i Y Y � \ S 15f PRELIMINARY LAYOUT - EXISTING CROSS CHURC SPRINGAItCANSASCONDITIONS From: CityCler To: Alan Long (Lonaward4(a)gmail.com); Pennington. Blake; citycouncil(chmatthewpe .org; Marr. Don; Eads, Gail; Roberts. Gina; Johnson, Kimberly; Williams. Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Mulford, Patti; Norton, Susan; Pate. Jeremy; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh. Sarah; Kinion. Mark; Tennant, Justin; Sch000mever, Martin; La Tour, John; Long, Alan Subject: FW: File #2016-0225/Cross Church (Wedington and Marinoni Drive) Date: Tuesday, July 05, 2016 10:39:42 AM Attachments: ima0e002.ong From: Ken Hall[mailto:khall@nwabusinesslaw.com] Sent: Friday, July 01, 2016 6:49 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Re: File #2016-0225/Cross Church (Wedington and Marinoni Drive) Sorry for the delayed response. Yes, I would like for the email to be forwarded to council members. Thank you, Ken Kenneth N. Hall P.O. Box 8451. Fayetteville AR 72703 Email: khallCo)nwabusinr sslaw.corn Ph: A1179_409-6021 CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you. On Jul 1, 2016, at 4:21 PM, Williams, Kit <kwilliar' 5Ca)fa�,gtteyillP-,ii-.Ec:v> wrote: Ken, The City Clerk will be happy to forward your email to the City Council if that is your desire. Please let us know what you want Sondra to do. Kit Williams Fayetteville City Attorney 479, 5 75. 8313 <imaZe001i1J�? <im_age002an_p> From: Ken Hall[n)r)ilto:kltallCo)bvvabusinesslaw.corn] Sent: Friday, July 01, 2016 12:08 PM To: Williams, Kit<kwilliar)is(b)fayettevllle-ar.gov> Cc: CityClerk <,ityc.lerk(L�lfayelteyille-ar.g+)v> Subject: File #2016-0225/Cross Church (Wedington and Marinoni Drive) Kit, Thank you for forwarding the June 30 JC Burciaga email. Mr. Burciaga did not copy Cross Church with that email. I have been asked by Cross Church, Donnie Smith and Travis Ruff (owners of 49 & Wedington, LLC) and Narry Krushiker (owner of FAY CS, LLC) to respond to the Burciaga email. These parties own 100% of the lots within the McMillan subdivision. To clarify the relationship with Mr. Burciaga: there was a brief dialogue between a representative of Cross Church and Mr. Burciaga. He proposed a transaction involving the church building being built at a different location; that proposal was relayed to the Cross Church Board. The Cross Church Board determined that the proposal was unacceptable for numerous reasons and the offer was politely declined. Mr. Burciaga's email implies that there continue to be ongoing discussions with the church about "relocating" the church and about solving the church's objections to the "relocation". There are no such ongoing discussions. The only discussions about "relocating" the church building appear to be between a developer (who does not even own the adjoining land) and City of Fayetteville officials. Mr. Burciaga's motives are transparent. His offer to Cross Church several months ago was rejected and so he wants the City to deny the rezoning because he believes that he can then force the "relocation" of the church building. We want the City of Fayetteville to understand our position so that a rezoning decision can be made on a factual basis. My clients are not doing a transaction with Mr. Burciaga. We hope that this clarification will end Mr. Burciaga's involvement in Cross Church's rezoning request. Cross Church wants to work with the City to build a beautiful church campus to serve its attendees/members (2300 and growing) and the entire City of Fayetteville. Institutional zoning is the proper zoning for this campus. Please continue to keep us informed as to any other challenges or questions which arise. I am out of town and cannot physically deliver a copy of this email to the City Clerk and so am copying the City Clerk in the hope that it can be filed in this matter. Thanks, Ken Hall Kenneth N. Hall P.O. Box 8451 Fayetteville, AR 72703 Email: khall(@iiwahusinesslll+,.com Ph: 479-409-6021 CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e- mail and destroy all copies of the original message. Thank you, From: Curth. Jonathan To: CityClerk Subject: FW: Exhibit B Date: Tuesday, July 05, 2016 4:38:36 PM Attachments: FavCitvCounsel CC ExhibitB.pi)tx City Clerk's Office, The below/attached was forwarded to me for this evening's meeting. is it too late to make it available for them? Thanks, Jonathan Curth Senior Planner City Planning Division City of Fayetteville, Arkansas j eurth@fayettevil le-ar.gov 479.575.8308 -----Original Message ----- From: Greg Taylor [mailto:gtaylor@-wei�chertgriffin.com] Sent: Tuesday, July 05, 2016 4:10 PM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: khall@nwabusinesslaw.com Subject: FW: Exhibit B Jonathan, Please have this power point presentation available for Cross church tonight for the City Council meeting. If you have any issues please let me know. I have hard copies as well. This will be referenced as Exhibit B. Thank you. Greg Taylor 479-283-2542 (cell) 479-927-4433 (direct) GTaylor@WeichertGi-iffin.com Emily Summers 479-756-1003 (main) 479-927-4414 (direct) 479-927-4495 (fax) emily @weichertgriffin.com nwaproperties.net -----Original Message ----- From: Brian Dunaway [maiIto: briand ci.-crossclhurc.h.com] Sent: Tuesday, July 05, 2016 3:25 PM To: Greg Taylor Subject: Exhibit B Brian Dunaway Director of Communications Cross Church c 479.841.6960 0 479.751.4523 ext 4113 V" l64- •`ir 1:f j:� I J l f �� ,..- or �; _. 4 � � „t1^� �. 1 - }_ .. McMillan Estates Alternative Site Layout III (from Planning staff) AtT—Mol or Af, P �,Y r 41 0 A .7— , ]>fz Addkonid Gyro C:0 i—ReStAU(ar)l eL b J416 McMillan Estates Alternative Site Layout I (from Planning staff) McMillan Estates Alternative Site Layout 11 (from Planning staff) McMillan Estates Alternative Site Layout III (from Planning staff) McMillan Estates Alternative Site Layout !I! `fi r —� f 1011i 11rIg sLaf l) . x 7,1 'i t-�"trz { ' ,t yL y _ rkw r , � 7} f C) , gxi� w r •i 1 y ,rr i r trm Lc,f T I Pi �-��� F� /� % f � ,,,• i� rr'.� � err �1 a � ,���I f �u�"' �FJ fY '•x f �s.; .. �91� 4k "� C% l ii mil � ; r � �,/� yet' � � - - - - _ - - _,_ •- 7- t 1 .. user f p I / j' J �,t�• iweaa �.."Y.Y ei �"`.+�� ■ E ��- +.its i �+ r rrr ti r Af-y� � rr rr / r Lai a ry r r t , Jr s ✓ /'+ fat ` -------------------------- cn m \ 2.9 \ \ U3cn CC U o= e a f nor s � =� a- CD •f rj i l" X f,I ! r m E ti k R k r - { i { J f ! 1 --- rc ;,• �177 CityClerk From: JC Burciaga <jcb@providentrealty.net> Sent: Thursday, June 30, 2016 11:45 AM To: Smith, Sondra; CityClerk Cc: JC Burciaga Subject: RE: SEQ of I-49 and Wedington Drive one of three emails Attachments: Wedington Drive Tract concept; Wedington Drive revised concept; Wedington Drive Tract concept Categories: Forwarded With attachments From: JC Burciaga Sent: Thursday, June 30, 2016 11:30 AM To: 'ssmith@fayetteville-ar.gov'; 'cityclerk@fayetteville-ar.gov' Cc: JC Burciaga (JCB@Providentrealty.com) Subject: SEQ of I-49 and Wedington Drive one of three emails Ms. Smith, I am traveling and having trouble attaching my exhibits to this email so my attachments will be sent in two additional emails. This is the first of the three emails to you with my request to forward the same to each of the City Council members, the Mayor, Chief of Staff, City attorney and the Development Services Director. To all, we are Provident Realty Advisors, a Dallas based investment & development company and we have the Marinoni property (an approximate 108 acre tract of vacant land located at the Southeast quadrant of 1-49 & Wedington Drive) under contract to purchase and develop into a mixed use development that will encourage a live, work and play development that will encompass senior living, a retail shopping center that will be anchored by a grocery store, dinner theatre, multiple retail users and restaurants. It will also include a daycare, executive multi family, an office medical building, service users and a proposed area for the relocation of the Cross Church. In our discussions I understand the Cross Church has three issues with our proposed relocation of their church to our property, I have made my comments underneath each of their comments below; 1.) The cost of getting water/sewer to where Provident Realty is offering is much higher than the current location. RESPONSE BELOW: The cost of water/sewer will be no greater to the church to locate on our site as it would their existing site. In other words the developer would bring water and sewer to their proposed property line located on our concept plan. So their same budget and constructions drawings will be the same on our site as it would be their site, not to mention that the church will get additional land to expand and build a school or playgrounds, volley ball/baseball fields or picnic areas for their own use. 2.) Cross Church wants ingress & egress from the Wedington Drive (regardless of the exiting of their property — on the access road. They do not want to go all the way south to the MLK exit to turn back north to enter their church property — and this access off of Wedington also raises their cost, because they would have to build a road to a further point to access the church — your development is not offering to provide that road access for them. The ingress/egress would greatly improve for the church if they located on our proposed site for the following reasons: Our development will allow multiple road access points for the church on our property than their potential current land site and will not raise their costs any more than their anticipated costs at this time: Egress (exiting the property) would greatly improve by allowing automobiles to exit Futrall Drive and go north to go east and or west on Wedington Drive, and go north on Futrall Drive to Wedington to access 1-49 North and 1-49 South, and access to Wedington and maybe two egress points off Wedington, and access to McMillan Drive, and access to Marinoni Drive, and potentially Lancelot Avenue to allow access to Wedington, and potentially Maple which our property abuts, and potentially the future flyover of Perisimmon Street (the last three potential egress points if the City of Fayetteville believes any of these access points would be best for the health, safety and welfare of the citizens for the entire development at the southeast quadrant of Wedington and 1-49. Access to Lancelot, Maple and the ability to use Perisimmon would then allow us not to use N. Sang Avenue. Ingress (entering the property) will be greatly enhanced at the proposed church site by allowing those to access the site via the following directions and access points, Direct and dedicated access off of Futrall Drive to the site (will the City consider Futrall to become a two way street?) not to mention the incredible signage visibility from sitting on a plateau with crosses a mile high!! And, Access from Wedington via a nicely decorated landscape isle that will connect to the church site, and potential Maple Street access for those that attend the church from the adjacent neighborhood (this is an extremely difficult access but would allow for those that live near by a direct access point, and potential access from Lancelot Avenue for those that live close by, and Placing the church at the proposed site would assist the city to create the flyover for Perisimmon Street that would also allow those to travel from the southwest quadrant of 1-49 and Wedington without the need of traversing through the freeway or Wedington. Al of these access points will ease the traffic from backing up on Wedington that would create even more of a potential harmful situation that currently exist today on the west side of 1-49 at the current existing church building. 3.) The phasing concerns the church— they do not want to get caught up in any opposition by surrounding properties to your development concepts (especially as you go east). If it was going to be submitted in phases so the church could have been constructed without having to go through approvals of a of the development plan of your property — it would have been more appealing, but not with this AND issues #1 and #2 above. Phasing will have to occur and the church will be the first phase so we can get the church built prior to their loan deadline of two years from now. Beside that fact I plan to have the adjacent community support for our entire project. Our proposed plan will be best for the immediate local citizens in adjacent neighborhoods, will dispel the traffic quagmire, the citizens of Fayetteville and the surrounding communities that will drive in to Fayetteville for their shopping needs and will add a tremendous amount of tax revenue for the City of Fayetteville. No extra cost to the church to locate on our development and we have mentioned this to the church a few times already and will continue to emphasize to the church as well. The church will have the opportunity to have extra land for their private use and will be able to fellowship at our proposed facilities such as restaurants, daycare and senior housing. I firmly believe our development is the best plan for Fayetteville on this property and adjacent property as it will provide a live, work and play environment in the City of Fayetteville including a church component. It will be a town center development built in the city limits that will last for years to come. It will cutoff traffic from going outside the city limits to other surrounding cities, prevent a tremendous amount of loss tax revenue from escaping from Fayetteville and more importantly keep the tax revenue here for the school district and for the city tax dollars. A vote for the church to stay in its current location and change the zoning requirements to allow them to build their building is a vote for a church and to keep the adjacent land farm land or perhaps some residential property. With the church staying, the citizens get a church and perhaps nothing else. A vote for our project is a vote for the church in our relocated site slightly south of their current site and a mixed use development and tax generating machine for years to come for the citizens of Fayetteville. A vote for the mixed use development gives the citizens both a church and a mixed use development that not only provides retail, restaurant, office -medical, senior housing needs but also provides jobs and create a tremendous annual tax windfall for the citizens of Fayetteville. Should you have any questions please call me at 972-385-4156 or JCB(ab-ProvidentRealty.com Thank you JC Burciaga Provident Realty Advisors 10210 North Central Expressway V Floor Dallas, Texas 75231 www. ProvidentRealty.Net The information contained in this communication is confidential and may be legally privileged. It is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. 4 CityClerk From: Heth Kendrick <HKendrick@landdesign.com> Sent: Monday, February 15, 2016 3:41 PM To: JC Burciaga Subject: Wedington Drive Tract concept Attachments: 16008_Concept Plan_021516.pdf JC, Good afternoon. Attached you will find the conceptual site plan for the Wedington Drive Tract in Fayetteville, AR. As we discussed last week, the following revisions have been made to this plan: 1. The parcels adjacent to the interstate off -ramp have been combined and labeled "Future Retail subject to Arkansas Highway." 2. The street which bisected the multi -family development has been eliminated to prevent this area from appearing as two separate parcels. 3. The north/south street which connects to the church has been widened to allow for better pedestrian connectivity. This connection could include additional landscaping, wider sidewalks, bike lanes, etc. Please review this file and let me know if there are any revisions to the plan, labels, color palate, or titieblock you would like to make. Thank you, Director of Landscape Architecture I Dallas I (o) 214.842.6980 j (m) 214.316,5022 Dallas I Charlotte I Washington DC I Orlando I San Francisco {cDLandDesigninc I 6 � I" f � f 4�k� I • . �•� - f I _ •y �:.....+.. ...ems. Lqj��' WEDINGTON DRIVE TRACT uN rF�." �aB,deJwW j C B - PROVIDENT REALTY ADVISORS J 200 0 200 400 800 Land F A Y C T T C V I L L C, ARKAN SAS CityClerk From: Heth Kendrick <HKendrick@landdesign.com> Sent: Wednesday, May 11, 2016 8:32 AM To: JC Burciaga Cc: Kathy Riley Subject: Wedington Drive revised concept Attachments: 16008_Concept Plan_051116.pdf JC, Good morning and I hope you are having a great week. Per our earlier conversation, attached you will find a revised concept plan for the proposed Wedington Drive development in Fayetteville, AR. We have revised the plan to create an inline row of junior anchors within the center of the development as well as placed commercial pad sites along the internal roadway network. The junior anchors total 145,000 sqft and we can park the entire commercial area (i.e. pad sites, theater, junior anchors, and grocer) at 4.3/1000 Please review this information and let Kathy and I know if you have any questions. We look forward to joining you for coffee the afternoon of the 181h and hope you have a great day. Thank you, Director of Landscape Architecture I Dallas I (o) 214.842.6980 1 (m) 214.316.5022 Dallas I Charlotte I Washington DC I Orlando I San Francisco aLandDesignlnc r 4w --tf X WEDINGTON DRIVE TRACT J C B - PROVIDENT REALTY ADVISORS 20�0 �02�00400�40 Umd F A Y E T T E V I L L C. AR K A N 5 A 5 Cit Clerk From: Heth Kendrick <HKendrick@landdesign.com> Sent: Thursday, March 03, 2016 3:14 PM To: JC Burciaga Subject: Wedington Drive Tract concept Attachments: 16008_ConceptPian_030316.pdf Jc, Per your request, attached you Will find the revised concept plan for the Wedington Drive Tract in Fayetteville, AR. This plan now includes the actUal church footprint and illustrates a concept for the parking layout Within the proposed church property. Please let me know if you have any questions regarding this revised plan and I look forward to hearing how your meeting with the church goes next Wednesday. Thank you. Director of Landscape Architecture I Dallas I (o) 214.842.6980 1 (m) 214.316.5022 Dallas I Charlotte J Washington DC I Orlando I San Francisco LandDesignlnc WEDI NGTO N DRIVE TRACT - PROVIDEI',JT REALTY ADVISORS j C B 200 0 200 400 800 ,Y[rTCl/I![L ;\Pi.ANSAS DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Andrew Garner, Planning Director f' J 1 FROM: Kit Williams, City /lttorney DATE: July 5, 2016 RE: Email from Provident Realty Advisors of Dallas; June 30, 2016 Kit VVilliaiiis f;ity llllnrr:%}� Blake Pennington 11_tt'i1,rll«rc �,1�rtr,:rrl I was surprised to receive the email from Provident Realty Advisors of Dallas, Texas about Cross Church's requested rezoning. I believe the City leaders might be very receptive and welcoming to at least portions of Provident Realty Advisors' proposed development for the Marinoni property which they say they have under contract. However, the exhibit they provided to show their proposed development was partially on land owned by Cross Church or very recently conveyed by Cross Church to individual commercial developers (including one intending to construct another hotel). It also showed Cross Church at a location already rejected by the Cross Church Board. (See Cross Church's attorney Ken Hall's email forwarded to you by the City Clerk.) Thus, Provident Realty Advisors' proposal carmot be relevant or considered in relation to Cross Church's requested rezoning from Commercial zoning districts to an Institutional zoning district. Religious organizations cannot just ignore our development and zoning regulations. However, such religious organizations have been accorded rights and protections in the Free Exercise Clause of the First Aiendment of the United States Constitution: (F)or a religious institution, having "a place of worship ... is at the very core of the free exercise of religion ... [and that] [c]hurches and synagogues cannot function without a physical space adequate to their needs and consistent with their theological requirements. The right to build, buy, or rent such a space is an indispensable adjunct of the core First Amendment right to assemble for religious purposes." International Church of the Four Square Gospel v. City of San Leandro, 673 F. 3d 1059,1069 (9th Cir. 2011) (citations omitted). In another case in which a town denied a church's attempted construction, the federal courts granted an injunction requiring the town to allow the construction as well as for damages and costs. The First Amendment generally prohibits government actions that "substantially burden the exercise of sincerely held religious beliefs" unless those actions are narrowly tailored to advance a compelling government interest. In other words, such actions are subject to strict scrutiny by reviewing courts. Fortress Bible Church v. Tozon of Greenburgh, 694 F. 3d 208, 220 (211a Cir. 2012) (citations omitted). To build its new worship facility and school to accommodate 500 people and 150 students, the church needed site plan approval and a variance "to allow the building to be located closer to one side of the property." Id. at 213. This variance request would need to be decided by the Towri s Zoning Board of Appeals (similar to our Board of Adjustment which decides variances from zoning requirements like build -to zones required by Urban Thoroughfare districts). Lack of approval of this variance for the location of the church within its lot eventually led to denial of its construction by the town. The church finally sued under the Religious Land Use and Institutional Person Act of 2000 (RLUIPA) and the Free Exercise of Religion Clause of the First Amendment. The Federal District Court, affirmed by the Circuit Court of Appeals "concluded that the Town had substantially burdened the Church by preventing it from moving to an adequate facility, resulting in a violation of RLUIPA and the Free Exercise Clause." Id. at 214. CONCLUSION Cross Church can construct by right a church on its own property on lots which are currently zoned Urban Thoroughfare and C-2, Thoroughfare Commercial. However, the burden of trying to build on lots with split zoning and opposing set back and build -to requirements and whose property lines and road frontages will be moved back by the takings needed by the Arkansas Highway Department appear to be significant. Granting Cross Church's request for a single zoning district P-1, Institutional, especially designed and designated for church related organizations, would solve those development problems. The location of the church on its property (like the proposed church in Greenburghx) seems to be only possible justification for a possible denial of Cross Church's rezoning request. I fear such a denial would result in the same reception in the Courts as Town of Greenburgh received: an injunction to force approval and the imposition of substantial assessments for attorney's fees and costs and possible compensatory damages for delay. Again, I recommend approval of this requested rezoning to comply with the First Amendment, federal and state law. 3 Thank you for forwarding the June 30 JC Burciaga email. Mr. Burciaga did not copy Cross Church with that email. I have been asked by Cross Church, Donnie Smith and Travis Ruff (owners of 49 & Wedington, LLC) and Narry Krushiker (owner of FAY CS, LLC) to respond to the Burciaga email. These parties own 100% of the lots within the McMillan subdivision. To clarify the relationship with Mr. Burciaga: there was a brief dialogue between a representative of Cross Church and Mr, Burciaga. He proposed a transaction involving the church building being built at a different location; that proposal was relayed to the Cross Church Board. The Cross Church Board determined that the proposal was unacceptable for numerous reasons and the offer was politely declined. Mr. Burciaga's email implies that there continue to be ongoing discussions with the church about "relocating" the church and about solving the church's objections to the "relocation". There are no such ongoing discussions. The only discussions about "relocating" the church building appear to be between a developer (who does not even own the adjoining land) and City of Fayetteville officials. Mr. Burciaga's motives are transparent. His offer to Cross Church several months ago was rejected and so he wants the City to deny the rezoning because he believes that he can then force the "relocation" of the church building. We want the City of Fayetteville to understand our position so that a rezoning decision can be made on a factual basis. My clients are not doing a transaction with Mr. Burciaga. We hope that this clarification will end Mr. Burciaga's involvement in Cross Church's rezoning request. Cross Church wants to work with the City to build a beautiful church campus to serve its attendees/members (2300 and growing) and the entire City of Fayetteville. Institutional zoning is the proper zoning for this campus. Please continue to keep us informed as to any other challenges or questions which arise. I am out of town and cannot physically deliver a copy of this email to the City Clerk and so am copying the City Clerk in the hope that it can be filed in this matter. Thanks, Ken Hall Kenneth N. Hall P.O. Box 8451 Fayetteville, AR 72703 Email: khallPnwabusinesslaw.com Ph: 479-409-6021 CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you. RECEIVED KNNETH RU PLL Ken Hall khall@nwabusinesslaw. com 479-409-6021 *Licensed in Arkansas and Missouri May 27, 2016 Fayetteville City Clerk 113 W. Mountain Street Fayetteville, Arkansas 72701 MAY 2 i 2016 CITY TYOCLERK'S OFFICE 4100 Corporate Center Drive Springdale, AR 72764 P.O. Box 8451 Fayetteville, AR 72703 RE: Appeal of C-PZD 16-5408: Commercial Planned Zoning District (McMillan Estates/Wedington and Marinoni Drive) Dear Sir/Madam: I represent Cross Church, Inc. with respect to the proposed Commercial Planned Zoning District identified above (the "Rezoning Request"). On May 23, 2016, the City of Fayetteville Planning Commission denied the Rezoning Request. The purpose of this letter is to appeal to the Fayetteville City Council the denial of the Rezoning Request. The applicant contends the decision was in error because, among other things, the Planning Commission erred in concluding that the Rezoning Request did not satisfy the requirements and intention of the Planned Zoning District Ordinance (Fayetteville City Code Sections 161.32 and 166.06) and failed to properly consider the impact of the proposed modification to the I-49/Wedington interchange on development of the subject property under existing Urban Thoroughfare zoning. It is our understanding that the next available City Council meeting during which this would be considered is on June 21, 2016. We look forward to your confirmation of this appeal and City Council hearing date. Sincerely, Kenneth N. Hall KNH/grm cc: Kit Williams, Fayetteville City Attorney Jonathan Curth, Fayetteville City Planning Department Branson, Lisa From: Pate, Jeremy Sent: Friday, May 27, 2016 2:33 PM To: Branson, Lisa Cc: Garner, Andrew; Pennington, Blake Subject: RE: Appeal June 21; staff will work to prepare an agenda packet next week for that date. Thanks, jp From: Branson, Lisa Sent: Friday, May 27, 2016 9:01 AM To: Pate, Jeremy <jpate @fayetteville-ar.gov> Cc: Garner, Andrew <agarner@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Appeal Jeremy, The City Clerk office received the attached appeal. Please let our office know what City Council meeting date you would like the item placed on. 14Q Office of the City Clerk Treasurer Lisa Branson CAMC, CMC Deputy City Clerk 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 Ibranson((2)fayettevil ie-ar.gov Website I Twitter I YouTube CITE' OF s ARKANS S www.fayetteville-ar.gov Ken Hall khall@nwabusinesslaw. com. 479-409-6021 *Licensed in Arkansas and Missouri June 17, 2016 Fayetteville City Clerk 113 W. Mountain Street Fayetteville, Arkansas 72701 4100 Corporate Center Drive Springdale, AR 72764 P.O. Box 8451 Fayetteville, AR 72703 JUN 17 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE RE: File #2016-0225: Appeal of C-PZD 16-5408 - Commercial Planned Zoning District (Wedington and Marinoni Drive) Dear Sir/1V4adam: The appeal of the above referenced rezoning request ("Rezoning Request") is scheduled for consideration by the City Council on June 21, 2016. The purpose of this letter is to provide notice that that the following changes will be made to the Rezoning Request: (a) Lots 1, 2, 3, 4, 5, and 6 of the McMillan Estates Subdivision are withdrawn from the Rezoning Request; and (b) In lieu of Commercial Planned Zoning District, applicant is seeking P-1 Institutional Zoning for Lots 7, 8, 9 and 10 of the McMillan Estate Subdivision, which lots will be further restricted pursuant to Bill of Assurance identifying use and location of improvements on the lots. Thank you for your assistance. Sincerely, 4-, 9 Kenneth N. Hall KNH/grm cc: Kit Williams, City Attorney Jonathan Curth, Planning 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Jeremy Pate, Development Services Director Andrew Garner, Planning Directo FROM: Kit Williams, City Attorney DATE: June 20, 2016 RE: Rezoning land for church Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal The commercial developers who were part of the proposed Commercial Planned Zoning District have agreed to withdraw their lots and develop their businesses in accord with Urban Thoroughfare requirements. Therefore, the appeal will relate only to Lots 7-10 of the McMillan Estates Subdivision needed for the development of the church. With this change, the church is now seeking to rezone its property from UT, Urban Thoroughfare, and C-2, Thoroughfare Commercial to P-1, Institutional. I have attached an ordinance properly reflecting the church being placed within the appropriate Institutional zoning district. This rezoning complies with express "Purpose" the City Council approved for the Institutional zoning district. "Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations." § 161.29 of the Unified Development Code (emphasis added). The Institutional District was created expressly for churches, is the only zoning district to expressly refer to churches, and is the most logical and reasonable zoning district within which to place a church. The current zoning of lots 7-10 is UT, Urban Thoroughfare and C-2, Thoroughfare Commercial. Their "Purpose" sections not only fail to mention churches, but show they are really inappropriate for development of a local church currently operating in Fayetteville on Wedington that needs a larger and safer location for its members. For example, the "Purpose" of UT, Urban Thoroughfare states: "Purpose. The Urban Thoroughfare District is designed to provide good and services for persons living in surrounding communities. This district encourages a concentration of commercial and mixed use development...." § 161.21 of the Unified Development Code (emphasis added). First, this Fayetteville church simply wants to move its location closer to downtown (inside I-49) from further out on Wedington. It predominantly serves Fayetteville rather than "surrounding communities." Secondly, rather than providing "a concentration of commercial and mixed use development," this church will provide church related services only. Thus, UT purposes are at odds with the development of this church. Similarly C-2, Thoroughfare Commercial is not the right zoning district for this church. Its "Purpose" section like Urban Thoroughfare does not refer to churches. "Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers." § 161.20 of the Unified Development Code. Thus, the "Purpose" sections of the currently zoned districts for lots 7-10 do not reflect the P-1, Institutional Zoning District Purpose which "is designed to protect and facilitate use of property owned by ... church related organizations." All of these "Purpose" sections were enacted by the Fayetteville City Council and approved by the Mayor. As part of the Unified Development Code of Fayetteville, they carry the force of law and cannot be ignored or "trumped" by one of the many long range plans agreed upon in the past by Resolutions. The Arkansas Supreme Court has warned cities: "A land use plan is meant to be just that - a plan .... (One) views the purpose of a development plan as being one 2 for serving as a guideline and not to be binding." Taylor v. City of Little Rock, 266 Ark. 384,583 S.W. 2d 72,73 (1979). On the other hand, the Fayetteville City Council must follow its own ordinances such as those codified into the Unified Development Code and may not "conveniently ignore them themselves." Potocki v. City of Fort Smith, 279 Ark. 19, 648 S.W. 2d 462, 464 (1983). "(N)or does a city have to create a zoning ordinance..., but once it has done so it must follow the ordinance until it is repealed or altered." City of Little Rock v. Pfeifer, 318 Ark. 6479, 887 S.W. 2d 296, 298 (1994). Therefore, the ordinances enacted by the City Council into the Unified Development Code, including those in Chapter 161 Zoning Regulations, must be adhered to even if it could be argued that the much more general guidelines of a long term plan would favor a different result. City Councils are granted substantial deference by the Courts when making rezoning decisions. However, such deference is limited so that a rezoning decision may not be made arbitrarily and unreasonably. To deny a church related organization from rezoning its own land from Commercial (UT and C-2) to Institutional, which the City Council expressly enacted "to protect and facilitate use of properly owned by ... church related organizations" could be found to be unreasonable by the Courts. No adjoining or nearby property owners have expressed any opposition to this rezoning. Although Planning Staff may have had some reasonable objections to the initially requested Commercial Planned Zoning District rezoning (which objections were agreed to by the Planning Commission), I expect Planning may now support this simple rezoning to P-1, Institutional for this church related organization as such zoning appears to completely conform with the Unified Development Code regulations and the purposes of the zoning districts. 3 CONCLUSION The City of Fayetteville has never had a rezoning decision reversed in Court during my 15 years as Fayetteville City Attorney. If the City Council denies this church related organization its requested rezoning to P-1, Institutional, that perfect record would likely be broken. As opposed to applicants for most rezoning requests, this church related organization which is seeking this rezoning to build its new church is also protected by the Free Exercise of Religion Clause of the First Amendment and federal law. An improper denial of the requested rezoning to P-1, Institutional could result in the assessment of attorney fees and costs against the City of Fayetteville. The City of Fayetteville Board of Directors allowed political considerations to control a couple of decision in the late 80's which eventually stung our taxpayers for several million dollars of attorney fees when the Arkansas Supreme Court ruled against us in both cases in the 90's. Because the Fayetteville City Councils have consistently followed my legal advice and cautions (sometimes in the face of substantial political pressure), our taxpayers have not suffered further multimillion dollar losses in the last 15 years. Please help me maintain our good record of protecting our taxpayer revenues from excessive attorney fee awards by approving the church's request to be rezoned into our only zoning district expressly designed for churches. 4 ORDINANCE NO. AN ORDINANCE TO REZONE LOTS 7, 8, 9 AND 10 OF THE MCMILLAN ESTATES SUBDIVISION OF THE CITY OF FAYETTEVILLE ENCOMPASSING APPROXIMATELY 16.2 ACRES LOCATED AT MCMILLAN DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO P-1, INSTITUTIONAL SUBJECT TO THE ATTACHED BILL OF ASSURANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the lots 7, 8, 9 and 10 of the McMillan Estates Subdivision encompassing about 16.2 acres as shown on the map (Exhibit A) attached to the applicant's letter from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional subject to the attached Bill of Assurances. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 21" day of June, 2016. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer !-UK. HALLPLUC Ken Hall khall@nwabusinesslaw.com 479-409-6021 *Licensed in Arkansas and Missouri June 17, 2016 Fayetteville City Clerk 113 W. Mountain Street Fayetteville, Arkansas 72701 4100 Corporate Center Drive Springdale, AR 72764 P.O. Box 8451 Fayetteville, AR 72703 RE: File #2016-0225: Appeal of C-PZD 16-5408 - Commercial Planned Zoning District (Wedington and Marinoni Drive) Dear Sir/Madam: The appeal of the above referenced rezoning request ("Rezoning Request") is scheduled for consideration by the City Council on June 21, 2016. The purpose of this letter is to provide notice that that the following changes will be made to the Rezoning Request: (a) Lots 1, 2, 3, 4, 5, and 6 of the McMillan Estates Subdivision are withdrawn from the Rezoning Request; and (b) In lieu of Commercial Planned Zoning District, applicant is seeking P-1 Institutional Zoning for Lots 7, 8, 9 and 10 of the McMillan Estate Subdivision, which lots will be further restricted pursuant to Bill of Assurance identifying use and location of improvements on the lots. Thank you for your assistance. Sincerely, Kenneth N. Hall KNH/grm cc: Kit Williams, City Attorney Jonathan Curth, Planning ---------------• ..o..,..._Ar1Gi7aLWI.w..�-�._.., N .YY AiaAi.4'R.wb•. s..Y..,. aASGt. A wMM164 YwraRG. 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PA SCAS!" 1 e 1G0'. rirAA..M°`.sa. ra ww'PHDx .I69H{IIYJF,IkO?38.••- NoRTHwEsTARKANsAs Democrat AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5889 Was inserted in the Regular Edition on: July 14, 2016 PubIica ion Charges $ 76.70 Cathy Wiles Subscribed and sworn to before me This ',VI' day of ja�, 2016. Notary Public My Commission Expires: tqe; j, 6`—! 01111111/Y **NOTE** Please do not pay from Affidavit. Invoice will be sent. NOTARY•' PUBLIC ', �#12401379a; � % tiS '�es1012,:' .i • ��. GrON C0� 1111111W Ordinance: 5889 File Number: 2016-0225 C-PZD 16-5408 (WEDINGTON & MARINONI DR/CROSS CHURCH): AN ORDINANCE TO REZONE LOTS 7, 8, 9 AND 10 OF THE MCMILLAN ESTATES SUBDIVISION OF THE CITY OF FAYETTEVILLE ENCOMPASSING APPROXIMATELY 16.2 ACRES LOCATED AT MCMILLAN DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO P-1, INSTITUTIONAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the lots 7, 8, 9 and 10 of the McMillan Estates Subdivision encompassing about 16.2 acres as shown on the map (Exhibit A) attached to the applicant's letter from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional subject to the attached Bill of Assurances. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/5/2016 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer July 14, 2016 73773753 RECEIVED JUL 2 7 2016 CITY CLERKS OFFICE