Loading...
HomeMy WebLinkAboutZ-02409-C ApplicationAPPLICATION FOR PLANNED UNIT DEVELOPMENT - SHORT FORM CASE FILE NO . Z- 2409-C. ll PLANNING COMMISSION MEETING DOCKETED FOR 1 PRI (- �`p 19 V � at e p.m. Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186, of 1957, Acts of Arkansas, and Section 43 of the Little Rock Code of Ordinances as amended, petitioning for classification of the following described area as a Short Form Planned Unit Development. Part of the SW 1/4, SE 1/4, Sectson 26, T -2-N, R -13-W. Pulaski Legal Description: _County, Arkansas, more particularly described as: Starting at the Northeast corner of Tract 'A' Andover Square, an addition to the City of Little Rock, Arkansas; thence Southeasterly along the arc of a 286.48 ft. radius curve to the left having a chord bearing and distance of S 730 05' 31" E, 154.25 ft. to a point; thence S 88° 42' 35" E, 5.0 ft. to a point on the West line of Sheraton Park Addition to the City of Little Rock, Arkansas; thence S 0° 03' 25" W; 369.31 ft. to a point; thence S 890 54' 55" W, 177.58 ft. to a point; thence N 0° 20' 40' E. 310.36 ft. to a point; thence N 43' 57' 38" W, 43.0 ft. to a point; thence N 360 02' 22" E, 90.69 ft. to the point of beginning, containing 69.261 sq. ft. or 1.59 acres more or less. Title to this property is vested in: r5�%L-Y colt-Pom-rronl It is desired that the boundaries shown on the District Map be amended and that this area be reclassified from the present R --Z St"i0- t F/XmI(-!;:j District to 9uo"'-P, Present Us of Fyrope VAIN District. Desired Use of Property: Sly, S rni o-L.tr R-t� (10t J c,t53 It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least 15 days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of the Commission, and that the cost of these notices shall be borne by the applicant. (OWNER) L-ey CO (Lo v91'�r-T(0J MAIL ADDRESS: l000 Co\/c.-vtA jC-C�+Or,- 6 -D6 - or (AGENT o W. C-0-1c'L+s-70 "eA &SPfl4ev& HOME PHONE: &66 -0 BUSINESS PHONE: 37&-3rS-1 „ , 19 LIN FEE: i P.C. APPROVED: 0o Collectors paid P.C. DENIED: 19 $ 12 5 ' stamp here BD. OF DIR.APPROVED: 19 ORDINANCE NO. Signature of Secretary of Commission or Authorized Agent ` CHECK LIST: CITY LIMITS Master Street Plan Master Parks Plan CDBG Area Capitol Zoning Area Census Tract Urban Renewal Plans Flood Plain Plan Subdivision Status Fire District City of Little Bock lr Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department Jai ame•.Andover Square, Phase 1t- ileNo. ocation: ype of Issue P•U•D• Re: Andover Square, Phase IV ('L=2409 -C) - Planned Unit Development Gentlemen: On April 19 19 88 , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and/or recommendations will be greatly appreciated. Sincer 1y, 1 Office of Comprehensive Planning (Please respond below, and return this letter for our records.) Approved as submitted Easements required (see attached plat or description below) Comments: By:--,------ Enclosure Y —_.—__ __ Enclosure cc: Engineering Division JUNIUS BRACY GROSS, JIB. ATTORNEY AT LAW 923 PYRAMID PLACE CENTER AT SECOND STREET LITTLE ROCK, ARKANSAS 72201 501/374-2512 March 22, 1988 Bernnadette Bettard, Subdivision Administrator Office of Comprehensive Planning Room 305,' City Hall Little Rock, AR 72201 RE: Andover Square Phase IV, Short Form PUD Case File No. Z -2409-C Dear Ms. Bettard: Enclosed is a statement of the position of the Andover Square HPR Board. Please keep me informed as to the position of this matter on the docket before the Commission and Subdivision Committee. I am, Sinc y, Junius Bracy Cross, Jr. JUNITis BRACY GROSS, JR. ATTORNEY AT LAW 923 PYRAMID PLACE CENTER AT SECOND STREET LITTLE ROCK. ARKANSAS 72201 501/374-2512 March 22, 1988 Little Rock City Planning Commission Office of Comprehensive, Planning Room 305, City Hall Little Rock, AR 72201 RE: Andover Square Phase IV, Short Form PUD Case File No. Z -2409-C P1 -ease consider this letter as the statement of the Andover Square Community Association, which is the administrator of the Phases I, II and III of Andover Square Horizontal Property Regime, hereinafter, Andover HPR. The Board of Directors as representatives of the individual owners has directed that a response be sent on its behalf to the City Planning Commission to the current application, referenced above, to amend the "PRD" zoning previously granted to_ the project developer, Bailey Corporation. The developer has for several months been discussing its desire to alter the current phased development program with the Andover HPR Board and property owners. Initially several alternatives were mentioned, however, all involved the use of single family type dwellings for the remaining portion of the project instead of townhouse units. A final plan has only recently been submitted to the Andover HPR detailing both the actual size and location of the buildings and the actual legal relationship between the two types of living units. The Board of Andover HPR met and discussed the then current plan approximately one week prior to the filing of that plan with Planning Commission. The Board ultimately voted to oppose the current proposed changes to Andover Square. The initial PUD plan for the project as approved in 1979, by the Planning Commission, called for the construction of an all condominium development. The features of this original PUD were a harmonious architectural design and building placement on the project site. The broad outline of the development was that the buildings would be arranged around the pool -clubhouse common areas. The developer proposed in 1982 to amend its initial plan by changing the placement of buildings on the site. The effect of this change, in the opinion of the owners at that time, was to change some of the more desirable features of the project particularly the relationship of the buildings from an aesthetic and privacy standpoint. [also addressed were parking, drainage, common Andover Square HPR Z -2409-C March 22, 1988 elements usage and other matters] The initial arrangement in 1979 resulted in few of the buildings actually facing or backing up directly to nearby buildings. As approved in 1982 the developer was to provide among other things an interior-. buffer strip in front of Phase II, trellis and landscapiR& in the in ae --ro-r buffer "oini"izg the -cam se to enhance `rivac _ thee aftr f . meas, andraPresented t h a ---tom n� et effect of the changes would resin in parking spaces v -f-2:6-" per unit. Upon approval by this Commission, the developer then built phases II and III. As Phases II and III three were actually constructed; Ap", parking has become a problem. Currently there are no visitor.{-° parking spaces in the Phase II and III area at all. There are only 36 'visitor' spaces in the entire project, and sixif. of these are in front of the clubhouse. Whatever action the ~: Planning Commission takes this problem must be addressed. The Board in addition has a number of other equally strong concerns in its rejection of the current changes in the project. They are as follows: 1. Parking. As noted above, the project, particularly phases II and III, do not have the amount of parking promised at sale and to this Commission. Further the parking that is present is unevenly spread in the development. The ratio is only 2.53 per unit [67x2=134+36=167 / 67=2.53], the short fall is exagreated by the uneven placement, in that there are no visitor spaces in the entire Phase II d�-IL area. Further, The size parking areas in Phase II and III is a matter of concern. Under Zoning Section 8-101 (j), Parking Design, page 134-135, as referenced in the PUD section, Zoning Section 9-101 (J) Development Standards, (6) Parking Standards, Page 161. A right Parking area requires maneuvering area from the curb of 40 feet. The parking area in front of Phase II, as it exists has less than 40 feet, approximately 34 feet from curb to curb. The new proposed design will do nothing to help this situation. 2. Aesthetic. All owners were told that the project would- be for townhouse condominiums and would not be a mixed single family free standing subdivision and condominiums. This will destroy the harmonious architectural and layout of the project, already eroded by the 1982 changes. 3. Control. Since the Phase IV construction will be` individually owned and maintained units there is no adequate way that the Association can ensure that adequate exterior maintenance standards will be adhered to by the Andover Square HPR Z -2409-C March 22, 1988 owners in the subdivision now proposed. 4. Revenue. The developer states that the use of six units as proposed now instead of 13 townhouses as planned will place less stress on the common elements. However, this glosses Gv.er_-.he. e££prr r� _.the Change on Andov revenues. The current plan proposes a $300.00 per unit per year assessment for a total of $1,800.00 dollars for use in maintaining the common areas `each year. The thirteen units proposed in the 1982 plan would produce approximately $14,040.00 per year for use in maintenance of the units and common elements. Further, the proposed Bill of Assurance would allow increases for the ngle family,hssMe owners only to_ tib increased costs for the mailhouse, pool and I.cIu25` Ouse. This will require that Phases I, XI, and. III main"tl�rltn- separate records of costs regardless of which association has the 'burden of proving' the extent of those costs. 5. Relationship. Community relationships are difficult to maintain under the best of circumstances. The current association has an advantage in this because all of the owners have certain interests in common in maintaining a pleasant living'environment and supporting property values. However, placing two such different types of housing types in close proximity, particularly when they will share in some common elements may well lead to increased friction. The PUD objective of compatibility between the proposed use and the existing surrounding use is not enhanced by the new proposal. 6. Interior Buffer. The plan as approved in 1982 contemplated that an interior buffer, as shown on the approved 1982 platt, would be maintained with a width of not less than 50 feet as drawn, and having several areas of more tY57--6 feet in width. The current plan would erode this buffer to less than 40 feet wide at any point and less width for most of its length. This will severly restrict its effect as a buffer. In arriving at its position the Andover HPR Board polled its membership for their feeling towards the decision to oppose the current changes. Support was over whelming for the Board. Of those who responded at this time, approximately 30, there was only one who objected to the Board's position all others supported the Board. This is the second time the developer has sought to change the project. The owners objected to the last proposal before this Commission, but Andover Square HPR Z -2409—C March 22, 1988 withdrew that objection based upon assurances that the rest of the project would proceed as approved by this commission in 1982. The project developer should honor the commitments made to the phases I owners, its buyers of Phases II and III, and this Commission. Concessions were made by both sides, owners and developer, in 1982. The property owners should not be required to constantly renegotiate to maintain the integrity of the project. Respec ly Submitted, J ius - r c Cross, Jr. „i,� Gtia nc'� Ci ++to�K'�' %� �1�aSeS �-4 d � G ��OQ rtz,�nS 'ki- Sit tL + �a r M YS c.+ e r nn 6 io Y,GgQ I1 � e VPlotow�`2 4-H o 1 `S ;� S C.cg PG,.rj�n� Qr� ��►•• �/l4S�Q j l2s5 ve �� arv- �fD �2- C4rIp j4 eA¢{f-I -� w ) l C(4 rV hq r Myn 5 q rc��► � c � L �( , ContD 4 --- los f- - C'-Gkf l sr""'. ;ticEi vz a L 0 WAe-c1- .4--- + TGt%Af�j Sb No Cox4-rp 1 ti IIS1 .1, t-75 S (s CSS O r. CO�+.n,pk a loSSt 5 o v'a�' Ckr.,5 Af J l►'�E” "'S 1-1(6. c SSC � �i1a .�4—n�'e nDY lL+ar -`� jn' b��fe� 1�►4+���ot; n2U� IM,� a W�1CJ19 1-oss `hof I OOA n! rec�bCS �iFs� e �S r j �� LAW OFFICES MITCHELL, WILLIAMS, SELIG & TUCKED 1000 SAVERS FEDERAL BUILDING CAPITOL AVENUE AT SPRING STREET LITTLE ROCK, ARKANSAS 72201 JACKSONVILLE OFFICE TELEPHONE 501-376-3151 CHICAGO OFFICE 1202 WEST MAIN STREET TELECOPIER 501-376-8712 2710 ASSOCIATES CENTER POST OFFICE BOX 5269 150 NORTH MICHIGAN AVENUE JACKSONVILLE, ARKANSAS 72076 CHICAGO, ILLINOIS 60601 TELEPHONE 501-982-9411 TELEPHONE 312-781-0690 TELECOPIER 501-376-8712 TELECOPIER 312-781-0692 W. CHRISTOPHER BARRIER LITTLE ROCK MEMORANDUM TO: Little Rock Planning Commission FROM: Bailey Corporation DATE: March 14, 1988 RE: Andover Square, Phase IV, Short Form PUD Enclosed is preliminary plat of the proposed develop- ment and a draft of a bill of assurance, as well as the required applications and fees. Also enclosed is an elevation showing a typical unit in the development. The proposal is for six single family detached residences, to be constructed by the applicant as the final phase of the Andover Square development, on the east side of that development. Each lot contains over 7,920 square feet, although the plan contemplates that four of the six lots would have 55 -foot widths instead of 60 feet. The rationale is to provide transitional uses between townhouse condominiums and detached houses on standard size lots. Each lot would be separately owned, and each owner would receive an undivided one-sixth interest in the common area and the common drive, which would be maintained as a private drive by the owners. Each unit would contain from 1,700 to 2,200 square feet, heated and cooled. Each would have a two -car garage, plus seven additional spaces are provided, for a total of 19, or slightly more than three per unit. Lot coverage by the basic structure is less than 20%. MITCHELL, WILLIAMS, SELIG & TUCKER Little Rock Planning Commission March 14, 1988 Page Two The tract being platted is 1.59 acres, but has to be considered in relation to the entire development. The net density is slightly less than four single family detached units per acre. This development's drive/parking is separated from that of the adjoining condominium project by a landscaped strip, and from the adjoining property to the east by a 50 -foot buffer strip, to be maintained in its natural wooded state as open space. The access point is off of Andover Court, which also serves the condominium project. Owners may have use of that project's mail shed, swimming pool and party house, and will be assessed for that use. Owners will become members of an unincorporated property owners' association (in the manner of the council of co-owners of a condominium regime). This association will maintain the drive and common areas, and serve as the liaison with the neighboring condominium association. The developer anticipates completion of development and construction within 18 months of final approval. WCB : cj a LAW OFFICES MITCHELL, WILLIAMS, SELIG & TucxE$ 1000 SAVERS FEDEHAL BUILDING CAPITOL AVENUE AT SPRING STREET LITTLE ROCK, ARKANSAS 72201 JACHSONVILLE OFFICE TELEPHONE 501-376-3151 CHICAGO OFFICE 1202 WEST MAIN STREET TELECOPIEH 501-376-8712 2710 ASSOCIATES CENTER POST OFFICE BOR 5269 150 NORTH 1r11CHIGAN AVENIIE JACKSONVILLE, ARKANSAS 72076 CHICAGO, ILLINOIS 60601 TELEPHONE 501-982-9411 TELEPHONE 312-781-0690 TELECOPIER 501-376-8712 TELECOPIER 312-781-0692 W. CHRISTOPHER BARRIER LITTLE ROCK MEMORANDUM TO: Little Rock Planning Commission FROM: Bailey Corporation DATE: March 14, 1988 RE: Andover Square, Phase IV, Short Form PUD Enclosed is preliminary plat of the proposed develop- ment and a draft of a bill of assurance, as well as the required applications and fees. Also enclosed is an elevation showing a typical unit in the development. The proposal is for six single family detached residences, to be constructed by the applicant as the final phase of the Andover Square development, on the east side of that development. Each lot contains over 7,920 square feet, although the plan contemplates that four of the six lots would have 55 -foot widths instead of 60 feet. The rationale is to provide transitional uses between townhouse condominiums and detached houses on standard size lots. Each lot would be separately owned, and each owner would receive an undivided one-sixth interest in the common area and the common drive, which would be maintained as a private drive by the owners. Each unit would contain from 1,700 to 2,200 square feet, heated and cooled. Each would have a two -car garage, plus seven additional spaces are provided, for a total of 19, or slightly more than three per unit. Lot coverage by the basic structure is less than 20%. MITCHELL, WILLIAMS, SELIG & TUCKER Little Rock Planning Commission March 14, 1988 Page Two The tract being platted is 1.59 acres, but has to be considered in relation to the entire development. The net density is slightly less than four single family detached units per acre. This development's drive/parking is separated from that of the adjoining condominium project by a landscaped strip, and from the adjoining property to the east by a 50 -foot buffer strip, to be maintained in its natural wooded state as open space. The access point is off of Andover Court, which also serves the condominium project. Owners may have use of that project's mail shed, swimming pool and party house, and will be assessed for that use. Owners will become members of an unincorporated property owners' association (in the manner of the council of co-owners of a condominium regime). This association will maintain the drive and common areas, and serve as the liaison with the neighboring condominium association. The developer anticipates completion of development and construction within 18 months of final approval. WCB : cj a LAW OFFICES MITCHELL, WILLIAMS, SELIG & TUCKER 1000 SAVERS FEDERAL BIIILDING CAPITOL AVENUE AT SPRING STREET LITTLE ROCK, ARKANSAS 72201 JACKSONVILLE OFFICE TELEPHONE 501-376-3151 CHICAGO OFFICE 1202 WEST MAIN STREET TELECOPIER 501-376-8712 2710 ASSOCIATES CENTER POST OFFICE Box 5269 150 NORTH MICHIGAN AVENIIE JACKsoNVILLE. ARKANSAS 72076 CHICAoo. ILLINols 60601 TELEPHONE 501-982-9411 TELEPHONE 312-781-0690 TELECOPIER 501-376-8712 TELECOPIER 312-781-0692 W. CHRISTOPHER BARRIER LITTLE ROCK MEMORANDUM TO: Little Rock Planning Commission FROM: Bailey Corporation DATE: March 14, 1988 RE: Andover Square, Phase IV, Short Form PUD Enclosed is preliminary plat of the proposed develop- ment and a draft of a bill of assurance, as well as the required applications and fees. Also enclosed is an elevation showing a typical unit in the development. The proposal is for six single family detached residences, to be constructed by the applicant as the final phase of the Andover Square development, on the east side of that development. Each lot contains over 7,920 square feet, although the plan contemplates that four of the six lots would have 55 -foot widths instead of 60 feet. The rationale is to provide transitional uses between townhouse condominiums and detached houses on standard size lots. Each lot would be separately owned, and each owner would receive an undivided one-sixth interest in the common area and the common drive, which would be maintained as a private drive by the owners. Each unit would contain from 1,700 to 2,200 square feet, heated and cooled. Each would have a two -car garage, plus seven additional spaces are provided, for a total of 19, or slightly more than three per unit. Lot coverage by the basic structure is less than 20%. MITCHELL, WILLIAMS, SELIG & TUCKER Little Rock Planning Commission March 14, 1988 Page Two The tract being platted is 1.59 acres, but has to be considered in relation to the entire development. The net density is slightly less than four single family detached units per acre. This development's drive/parking is separated from that of the adjoining condominium project by a landscaped strip, and from the adjoining property to the east by a 50 -foot buffer strip, to be maintained in its natural wooded state as open space. The access point is off of Andover Court, which also serves the condominium project. Owners may have use of that project's mail shed, swimming pool and party house, and will be assessed for that use. Owners will become members of an unincorporated property owners' association (in the manner of the council of co-owners of a condominium regime). This association will maintain the drive and common areas, and serve as the liaison with the neighboring condominium association. The developer anticipates completion of development and construction within 18 months of final approval. WCB : cj a SUBDIVISION DATE ITEM NO. FILE NO. NAME: ANI)oJ�---yc- 5Po4t PHpts --0"r PLcyrnje-o �nrt7 sOcv��vP r' LOCATION: Zoo 4r4oJL-,�c. coxj2-t DEVELOPER ENGINEER NAME: -I c-CY cw oo kfd-r,,Q i W K t 7t= i - A3 S oa STREET ADDRESS . 2. -Z`t Co-mw-JOht' L-.At4C CITY/STATE/ZIP TELEPHONE NO. 3 AREA • S `� ZONING P• U. �. PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED: 37 `Y-1 6 6 (- NUMBER NUMBER OF LOTS 6 FT. NEW STREET PROPOSED USES S /ti &- ,X-- Pint W. CHRISTOPHER BARRIER LITTLE ROCK April 7, 1988 Mr. Gary Greeson, Director Office of Comprehensive Planning City Hall Little Rock, Arkansas 72201 Re: Andover Square, Phase IV, Planned Unit Development Dear Gary: The applicant Bailey Corporation does not wish to send its formal notices until the residents of the existing Andover Square condominium development have had the oppor- tunity to discuss the proposed PUD among themselves. Although, the regime's board has received a set of plans and has met on the issue at least twice, the residents will not meet until next week. Hence, we respectfully request that the application not be considered by the subdivision committee or the Planning Commission at their current meetings, but instead at next month's meetings. Cordially, MITCHELL, WILLIAMS, SELIG & TUCKER By W. C ristopher Barrier WCB : cj a cc: Mr. Jack McCray Mr. Joe D. White LAW OFFICES MITCHELL, WILLIAMS, SELIG & TUCKER 1000 SAVERS FEDERAL BUILDING CAPITOL AVENUE AT SPRING STREET LITTLE RGCR, ARKANSAS 72201 JACKSONVILLE OFFICE TELEPHONE 501-376-3151 CHICAGO OFFICE 1202 WEST MAIN STREET TELECOPIER 501-376-8712 2710 ASSOCIATES CENTER POST OFFICE BOX 5269 150 NORTH MICHIGAN AVENUE JACKSONVILLE. AR$ANSAS 72076 CHICAGO, ILLINOIS 60601 TELEPHONE 501-982-9411 TELEPHONE 312-781-0690 TELECOPIER 501-376-8712 TELECOPIER 312-761-0692 W. CHRISTOPHER BARRIER LITTLE ROCK April 7, 1988 Mr. Gary Greeson, Director Office of Comprehensive Planning City Hall Little Rock, Arkansas 72201 Re: Andover Square, Phase IV, Planned Unit Development Dear Gary: The applicant Bailey Corporation does not wish to send its formal notices until the residents of the existing Andover Square condominium development have had the oppor- tunity to discuss the proposed PUD among themselves. Although, the regime's board has received a set of plans and has met on the issue at least twice, the residents will not meet until next week. Hence, we respectfully request that the application not be considered by the subdivision committee or the Planning Commission at their current meetings, but instead at next month's meetings. Cordially, MITCHELL, WILLIAMS, SELIG & TUCKER By W. C ristopher Barrier WCB : cj a cc: Mr. Jack McCray Mr. Joe D. White BILL OF ASSURANCE ANDOVER SQUARE, PHASE IV. PLANNED UNIT DEVELOPMENT KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, Bailey Corporation, an Arkansas corporation is the sole owner of the lands lying in the County of Pulaski, State of Arkansas, and described in the attached Exhibit "A"; AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots, blocks, tracts, and streets, as a planned unit development; NOW THEREFORE WITNESSETH: THAT, the said Bailey Corporation (hereinafter termed Grantor) has caused said tract of land to be surveyed by Joe D. White, a Registered Land Surveyor, and a plat thereof made which is identified by the title "ANDOVER SQUARE, PHASE IV, a Planned Unit Development in the City of Little Rock, Arkansas" and the date , 19 , and by the signature of the Circuit Clerk and Ex -officio Recorder of Pulaski County, Arkansas, in Plat Book Page and the Grantor does hereby make this Bill of Assurance; AND, the Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as "ANDOVER SQUARE, PHASE IV, PLANNED UNIT DEVELOPMENT." There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities, and for drainage purposes respectively, subject at all times to the proper authorities and to delivery and dedication of the easements shown on the said plat. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat (being Lots A through F), shall be a proper and sufficient description thereof. The lots in said subdivision shall be sold by the Grantor and shall be purchased by the buyers thereof, subject to the following covenants, to -wit: 1. SUBDIVISION. No lot shall be resubdivided into nor shall any dwelling be erected or placed on any lot or building site having a width of less than 50 feet at the building line or an area of less than 6,000 square feet. 2. SETBACKS. No building or fence is to be constructed on any lot nearer than the building line noted on said plat. The following front yard, rear yard, and side yard provisions shall be required for the following usage of the property: 01C The front yard setback shall be 12 feet for structures and 5 feet for porches; the rear yard shall be 25 feet; the side yard setback shall be, for the main structure, 10 percent of the average width of the lot, provided such side yard need not exceed 8 feet in width; and accessory structures related to residential use shall be located at least 60 feet from the front property line, and may be placed no less than 5 feet from the side lot line. 3. EASEMENTS. (a) No buildings, fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility and/or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. (b) There are shown on the plat driveways lying between Lots A and B, Lots C and D, and Lots E and F, which in each instance provide access to garages and the rear of the lots. Each buyer shall take title to its lot subject to an easement in favor of the abutting owner on the driveway side and shall receive the same such rights as a part of its lot -3- ownership, to the end that these driveways shall serve as reciprocal access easements benefitting these abutting owners. These easements shall not be obstructed so as to interfere with these uses. 4. COMMON AREAS: (a) There is shown on the plat a "common drive," which is a private driveway serving all of the lots, their owners, and the guests, invitees and licensees of the owners, including fire and other emergency vehicles. Each buyer shall receive an undivided one-sixth (1/6th) interest in this common drive with its lot ownership, which may not be separated therefrom, subject to reciprocal rights of all lot owners to use this drive for ingress, egress and (in the area marked 117 cars" only) parking. The drive shall remain unobstructed at all times, except for temporary parking of moving vans and service vehicles. (b) There is likewise shown on the plat a "common area," as to which each buyer shall also receive an undivided one-sixth (1/6th) interest, inseparable from its lot ownership, which area may be landscaped by the lot owners and used for their common enjoyment. (c) At the rear of each lot is shown an area designated 1150' buffer," which shall be held and maintained in accordance with the 110-S" zoning category of the City of Little Rock currently in effect. In particular, owners may -4- remove undergrowth, but may not remove trees, build structures or store materials or vehicles in this area. However, the Andover IV Association (as described in paragraph 11 hereof) may establish a walking or jogging path in this area, for the use and benefit of all lot owners. 5. CURBS AND GUTTERS. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. DURATION. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automati- cally extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. 7. AMENDMENTS. These covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by at least eighty percent (80%) of the owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part, and -5- any change must be approved by the Little Rock Planning Commission. 8. ENFORCEMENT. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. SEVERABILITY. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission, and shall not be considered part of the Little Rock Planning Commission's requirements for plat approval. 10. PROHIBITED ACTIVITIES. Each lot shall be held and maintained by its owner in a manner that does not unreasonably interfere with the enjoyment of their property by a other lot owners, to which end owners shall not (a) release from their own lots any loud noises, noxious fumes, bright lights, or any other similar activities or substances; (b) place, maintain or permit on their lot any disabled vehicles, shacks or other outbuildings incompatible with the construc- tion of their dwelling, trash, brush piles, overgrown weeds, construction materials or similar objects or materials other than temporarily in the course of clean-up or maintenance; (c) maintain animals other than household pets, and other than in a clean and sightly manner; (d) do, maintain or permit any activity, occurrence or objects which a normal person would reasonably find offensive or dangerous. Boats and trailers and recreational vehicles shall be parked on driveways behind a dwelling only. No mobile home shall be placed on a lot for any reason. 11. OWNERS ASSOCIATION. (a) By virtue of lot ownership, each owner shall become a member of an unincor- porated association, to be known as "The Andover IV Associa- tion," which shall have the power and responsibility to maintain the common drive, the driveways and the common area shown on the plat, and to levy uniform assessments against the lots for such purposes, in advance or otherwise, in accordance with procedures established by the Association. Grantor shall contribute to the Association a sum, not to exceed $500 for -7- each lot, at the closing of the initial sale of each lot, to establish such a maintenance fund. The Association may contract with third parties for such maintenance, which may include the Regime described in paragraph 12, or entities hired by the Regime. (b) Meetings of the Association shall be called and conducted by a presiding owner, which position shall be rotated among the lot owners annually on a calendar -year basis, beginning with Lot A in 1988. All decisions of the Association shall be by majority vote (one vote per lot) of all lots, with ties to be broken by a seventh vote to be cast by the presiding owner only in such instances and not other- wise. -- 12. RECREATIONAL FACILITIES. (a) Each owner of a lot shall take title subject to the right of Andover Square Horizontal Property Regime, an Arkansas nonprofit corporation, or its successor in interest, ("Regime") to levy an annual assessment against that lot, payable within thirty days of receipt of that assessment, but in no event prior to February 15 of each year for that calendar year. (b) The first such assessment shall be levied in the calendar year following the year in which a certificate of occupancy is issued for a single-family dwelling on the lot in question, subject to subparagraph (h) hereof. In addition to -8- this annual assessment, the Grantor shall pay an initial assessment within thirty (30) days of the sale of an improved lot, which initial assessment it shall be the Grantor's responsibility to pay over to the Regime. (c) In return for such annual assessment, the residents of the lot shall have the rights of access and use with reference to the swimming pool and clubhouse and mail shed located within the Andover Square condominium development managed by Regime, and shall be entitled to garbage and trash pick-up services, on the same terms and conditions as resi- dents of that development; provided, however, that these residents of the subdivision shall have no voting rights and shall in no other way be considered as co-owners within the development managed by the Regime. (d) The annual assessment shall be the same for each lot and the first such assessment for each lot shall be established as set forth in subparagraph (h) hereof. There- after, these assessments may be raised by the Regime if the portion of the average annual assessment paid by residents of the development managed by the Regime and attributable to maintenance of the three facilities described herein and provision of the service described herein has increased, using the first assessment year as a base year for both. The increase in the subdivision residents' assessments shall be -9- limited to the same percentage increase as that portion of the development residents' assessments so attributable, or the percentage increase in the total average assessment, whichever is lower. The calculations of the Regime in this regard shall be presumed to be correct, unless demonstrated to be otherwise by the Association. (e) These assessments shall be payable so long as these facilities and service are provided by the Regime, and may not be avoided by non-use of the facilities or service. Any such assessments shall be subject to the same provisions granting rights and powers to the Regime to manage the facilities and service as are contained in the condominium documents for the development managed by Regime, as amended from time to time, including but not limited to those providing for imposition of a lien, notice, penalties, and collection of costs. (f) These covenants may not be amended to alter the method of assessment or the services and facilities made available hereby without the consent of the Regime, except that, by unanimous vote of the lot owners, this paragraph 12 may be stricken completely, but without refund or forgiveness of assessments then paid or payable. (g) Owners of lots shall also take subject the right of the Regime to approve plans for construction or reconstruc- -10- tion of dwellings within the subdivision prior to their con- struction or reconstruction and plans for the landscaping of the common area. Such approval shall be given within thirty (30) days of submission of plans to the Regime if the proposed construction or reconstruction or landscaping is generally harmonious in design and quality of materials with structures within the condominium development. Failure to respond within such period shall constitute approval. (h) The rights, duties and obligations of the owners, the Regime, the Association and grantor shall take effect only upon the execution and recordation of an instrument executed by the Regime and grantor (and, after the sale of at least four lots, the Association) establishing (i) the first year for assessments, (ii) the initial assessment, (iii) the first annual assessment, and (iv) the consent of the signatories to the terms of this paragraph, as completed by that instrument. Dated as of BAILEY CORPORATION, GRANTOR M -11- , 19 STATE OF ARKANSAS) )ss. ACKNOWLEDGMENT COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named , to me personally well known, who stated that he was the of Bailey Corporation, Grantor, an Arkansas corporation, and stated and acknowledged that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. of WITNESS my hand and official seal on this day 1988. My commission expires: ( S E A L ) Notary Public -12-