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Home My WebLink AboutOrdinance 6314113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6314 File Number: 2020-0297 APPEAL RZN 20-7035 (618 N. RUPPLE RD./RUPPLE RD. LLC.): Doc ID: 019244280006 Type: REL Kind: ORDINANCE Recorded: 06/05/2020 at 09:33:32 AM Fee Amt: $40.00 Paqe 1 of 6 Washinqton County, AR Kyle Sylvester Circuit Clerk File2020-00018237 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20- 7035 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 618 NORTH RUPPLE ROAD FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO P-1, INSTITUTIONAL, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NS-L, Neighborhood Services -Limited to P-1, Institutional, subject to the attached Bill of Assurance. 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 5/19/2020 Attest: ��tt1�r�►� �.• GAT Y 0,- ZA _4",1 YZ/77 • G FAYETTEVILLE : Kara Paxton, City Clerk Treasurer Page 1 Printed on 5120120 RZN2O-7035 R U P P L E R D, L LC 20-7035 Close up view EXHIBIT 'A' ALLEY 798� RI-12 ALLEY 766 Z J x F- 3 a o W, 3 qIfp-ALLEY-597 ALLEY 590 .t RPZD LLEY•5110 DR I� w _I a a D Ix Legend Shared Use Paved Trail Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint RS F-J R-( ) F PERSIMMON ST NORTH Feet 0 112.5 225 450 675 1 inch = 300 feet Zoning Acres P-1 8.6 Total 8.6 20-7035 EXHIBIT 'B' LEGAL DESCRIPTION TRACT 3-C All that part of. A Part of the SE 1/4 of the SE 1/4 all in Section 12, T-16-N, R-31-W, Washington County, Arkansas and Being more particularly described as follows: Commencing at the NE corner of the NE 1/4 of the SE 1/4, Thence N88"34'51"W, 483.46 feet; Thence S01°07'06"W, 35.95 feet; Thence N88°50'55"W, 416.00 feet; Thence S88"56'59"E, 330.00 feet; Thence SO1"05'12"W, 870.38 feet; Thence West, 1081.18 feet; Thence N00"47'02"E, 892.59 feet; Thence 588*43'24"E, 339.71 feet to the point of beginning, containing 21.91 acres, more or less. The above described tract also known as Tract 3, on a lot split survey shown on plat of record in Plat Book 17 at Page 102, plat records of Washington County, Arkansas. Subject to easements, rights -of -way, and protective covenants of record, if any Subject to all prior mineral reservations and oil and gas leases. Described as follows: Beginning at the Southeast corner of said Tract 3; Thence N88"32'38"W, 1067.52 feet; Thence N02019'24"E, 408.10 feet; Thence S88°32'38"E, 756.69 feet; Thence SO1"27'22"W, 196.35 feet; Thence S88°32'38"E, 308.68 feet; Thence S02°32'54"W, 211.74 feet to the point of beginning. Containing 8.6 acres more or less. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the Buyer of this property, (hereinafter "Petitioner") Rupple Rd. LLC., 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 request to P-1 is approved by the Fayetteville City Council at its May 19, 2020 meeting. 1. The use of Petitioner's 8.6 acre property shall be limited to a church and parking lot. 2. No parking lot or drive aisle shall be located in the area between the right-of- way line/ property line along Rupple Road and the face of the building. 3. The attached conceptual site plan illustrates the general location of the proposed church building and parking layout on the site. Exact building location will be determined with the preparation of the Large Scale Development Plans and will reflect all utility provider required easements along Rupple Road. 4. 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 WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, DES12EE C?oob , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date 211 A► Roswso/u Address 61Y~4 04M, oll 7—*- STATE OF OKLAHOMA COUNTY OF OKLAHOMA ('ee. 0 cr)c� Printed Name Signature NOTARY OATH And now on this the —L4_ day of Mf1-tl , 2020, appeared before me, b ESi 11. L &,2Z a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above My Commission Expires: )-2-zi 9�'k- NOTARY PUBLIC `��•�` a1. E V� P R # 09000156 =_ EXP. 01 /02/2-1 _ No F 8 ni a' m c I� FAYETTVILLE, ARK RUPPLE ROAD 0 PRELIMINARY CONCEPT PLAN 3.0 SEED DEVELOPMENT RUPPLE ROAD olsson tEVIS1ONS --j Washington County, AR I certify this instrument was filed on 06/05/2020 09:33:32 AM and recorded in Real Estate File Number 2020-00018237 Kyle Sylvester - Circuit Clerk by --`' Democrat (pa et�e RC. 2Cx 1E07, ::A-'E E iILLL, AP. -27L2 • A»?-I%OC • FAX 479.695-IFS • b': c1"V::\`h';;D;;.C:1i? AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6314 Was inserted in the Regular Edition on: May 31, 2020 Publication Charges: $83.60 &aw„ 5, , Brittany Smith Subscribed and sworn to before me This Z day o91K_ 2020. % Lkoo Notary Public CVI � My Commission Expires: a' 6I t'.l� **NOTE** Please do not pay from Affidavit. Invoice will be sent. ',:al�,;; CA7HERINE S7AGGS +.<�ran+;: MY CdMMISSION M 12402772 '•--;,r,,,.' W�tahington County Ordinance: 6314 File Number: 2020-0297 APPEAL RZN 20-7035 (618 N. RUPPLE RD./RUPPLE RD. LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7035 FOR APPROXIMATELY 8.60 ACRES LOCATED AT 618 NORTH RUPPLE ROAD FROM NS-L, NEIGHBORHOOD SERVICES - LIMITED TO P-1, INSTITUTIONAL, SUBJECT TO A BILL OF 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NS-L, Neighborhood Services -Limited to P-1, Institutional, subject to the attached Bill of Assurance. 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 5/192020 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75276423 May 31, 2020