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HomeMy WebLinkAboutS-0045-A-17 ApplicationBILL OF ASSURANCE" LOTS 850, 851, AND 852 OTTER CREEK .COMMUNITY PHASE VIII KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Otter Creek Land Company, an Arkansas Limited Liability Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as fol- lows: "Legal Description Appendix I" PART OF THE NE1/4, SE1/4 SECTION 6, T-1-S, R-13-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH R/W LINE OF FAWN TREE DRIVE AND THE WEST R/W LINE OF OTTER CREEK PARKWAY (SAID POINT BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15'09'59" AND A RADIUS OF 746.0'); THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE LEFT TO A POINT WHICH IS S 07'41'48" E 212.69' FROM THE POINT OF CURVATURE THEREOF; THENCE S 61'03'55" W 257.22'; THENCE N 34'05'05" W 107.26'; THENCE N 27'41'55" E 119.38'; THENCE N 24'57'25" E 171.45' TO A -POINT ON THE SOUTH R/W LINE OF FAWN TREE DRIVE (SAID POINT BEING ON THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10'23'25" AND A RADIUS OF 615.35'); THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO LEFT AND THE SOUTH R/W LINE OF FAWN TREE DRIVE TO THE POINT OF TANGENCY THEREOF AND THE POINT OF BEGINNING (SAID CURVE SEGMENT HAVING A CHORD BEARING AND DISTANCE OF S 83'28'29" E 129.75'), CONTAINING 1.38 ACRES_MORE MORE OR LESS. BILL OF ASSURANCE LOTS 850, 851, AND 852 OTTER CREEK COMMUNITY PHASE VIII KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Otter Creek Land Company, an Arkansas Limited Liability Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as fol- lows: "Legal Description Appendix I" WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to Otter Creek Land Company, an Arkansas Limited Liability Cor- poration, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Registered Surveyor, and executed by him 19 executed by it and bearing a certificate of approval exe- cuted by the Little Rock Planning Commission and Pulaski County Plan- ning Board, said plat showing the bounds and dimensions of the prop- erty now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public an easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being with- out limiting generality of the foregoing electric power, gas, tele- phone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities, to 2 use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. All street signs shall be of wood construction. Street signs, entry monuments, and unpaved islands shall be maintained by Allotter or the Otter Creek Homeowners Association, in perpetuity. The filing of this Bill of Assurance and Plat for Record in the office of the Circuit County Clerk of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements sub- ject to the limitations herein set out. The lands embraced in said plat shall be forever known as Lots 850, 851, and 852, Otter Creek Community, Phase VIII, being a Replat of a 1.38-acre Reserved Tract in Otter Creek Community Phase I, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed, subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided, shall be and remain in full force and effect until July 1, 2014, and thereafter for successive periods of ten years each, unless terminated or cancelled as herein provided. 3 DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot a platted having more than one street contiguous to it. 1 The words "low density residential" shall mean and refer to lots 1 inclusive and shall be single-family residential lots and any other low density residential lots hereinafter platted. RESTRICTIONS 1. Use of Land. None of the lots defined as "Low density resi- dential" may be improved, used or occupied for other than private res- idence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifica- tions therefor, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural com- mittee composed of Thomas L. Hodges, Patrick McGetrick, and John H. Jacobs, or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members 4 shall have full authority to approve or disapprove such plans, speci- fications, color scheme materials and plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architectural committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Noth- ing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Lots 850, 851, and 852, Otter Creek Community, Phase VIII, other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage or carport for not less than two (2) cars. 5 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the Architectural Committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback-Reggirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,550 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Type. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet mea- sured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,600 square feet of finished heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,700 square feet of floor space. (b) Two -Story and Story -and -a -Half. If a dwelling has fin- ished heated living areas on two or more levels or stories, which lev- els or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 900 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of the first level or story of such dwelling and shall have at least a total of 1,800 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area mea- sured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,800 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7 7. Exterior Finish. All residences shall have a minimum of 30% of exterior walls of approved masonry finish. 8. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures that may be placed on any lot or portion of a lot that is used exclusively by a public util- ity company in connection with the furnishing of public utility ser- vice to Lots 8501 851, and 852, Otter Creek Community, Phase VIII. 9. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architec- tural Committee. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial pur- poses. 11. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall any- thing ever be done which may be or become an annoyance or nuisance to the neighborhood. no vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is 8 specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a resi- dential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 13. ❑il and Mineral Operations. No oil drilling, oil develop- ment operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 14. Ces�ol. No leaching cesspool shall ever be constructed or used on any lot. 15. Existincr Structure. No existing erected building or struc- ture of any sort may be moved onto or placed on any of the above -des- cribed lots. 16. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and ser- vants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or perma- nently, nor shall any structure of a temporary character be used for human habitation. E 17. Easements for Public Utilities. Easements for the installa- tion, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said ease- ments being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot; pro- vided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Otter Creek Homeowners Associa- tion. Moreover, no automobile, truck, trailer, boat, tent or tempo- rary structure of any nature whatsoever, shall ever be parked, located or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any 10 restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the tempo- rary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street prop- erty line and a line connecting them at points fifty (50) feet from the intersection of the street line, or in the case of a rounded prop- erty corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be 11 taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Otter Creek Land Com- pany, an Arkansas Limited Liability Corporation, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordi- nary legal action for damages and failure of Otter Creek Land Company, an Arkansas Limited Liability Corporation, its successors or assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Otter Creek Land Company, an Arkansas Limited Liability Corporation, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these"rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 12 22. Modification of Restriction. Other than for amendments cov- ered under paragraph four of this document, any and all of the cove- nants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1, 2014, shall automatically be continued thereafter for successive periods of ten (10) years each, unless ter- minated or cancelled as herein provided. 23. Common Use Areas. In the plat of Lots 850, 851, and 852, Otter Creek Community, Phase VIII, the Allotter has designated a cer- tain area of land as Common Private Areas and Sewer Easement intended as a recreation area and for related activities for the property own- ers in said Addition and as set forth in the Otter Creek Homeowners Association Declaration, dated October 24, 1974, which said Homeowners Association Declaration is hereby incorporated into and made a pat of this Bill of Assurance. 24. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any Court, or otherwise, shall not invalidate or affect any of the other 13 restrictions or any part thereof as set forth therein, but they shall remain in full force and effect. WITNESS our hand and seals this day of , 19 ATTE APPROVED: LITTLE ROCK PLANNING COMMISSION By Date OTTER CREEK LAND COMPANY By STAGECOACH DEVELOPMENT GROUP, INC. APPROVED: PULASKI COUNTY PLANNING BOARD Uri Date neviewed only for inc!usion of minimum standards required by the City cf subdivision regulations. 13i1i of Rssurarce established by the developer may exzoed minirnurn rc ulaticns of the Little Rock subdivision rrr= zoning ordinances. 07 C4 of Little Flock Planning -Commission 14 ACKNOWLEDGMENT STATE OF ARKANSAS j j SS. COUNTY OF PULASKI ] On this I day of 11 1995, before me a Notary Public, duly commis ioned, qualified and acting, within and for the said County and State, appeared in person the within named THOMAS L. HODGES, to me personally well known, who stated that he was legal agent of Otter Creek Land Company, and was duly authorized in his respective capacity to'execute the foregoing Bill of Assurance for and in the name and behalf of said Limited Liability Corporation, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consid- eration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 1995. MY COMMISSION EXPIRES: U &'V� NOTARY PUBLIC 15 ORDINANCE NO. 16,914 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM LOT WIDTH TO DEPTH RATIO REQUIREMENTS AND A WAIVER OF THE SIDEWALK REQUIREMENTS FOR OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII (S-45-A-17), LOCATED AT THE SOUTHWEST CORNER OF OTTER CREEK PARKWAY AND FAWN TREE DRIVE, IN THE OTTER CREEK COMMUNITY, LITTLE ROCK, ARKANSAS. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variances from and a waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII (S-45-A-17), as follows: Subsection a. That a variance from the provisions of Sec. 31-232 be approved, which requires that the depth of a residential lot not be more than three times its width, for Lots 851 and 852. Subsection b. That a waiver from the requirements of Sec. 31-209 be approved, which requires that a sidewalk be constructed along at least one side of a standard residential street, and permit the development of Lot 850, without the required sidewalk along the Fawn Tree Dr. frontage of the lot. SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: June 20, 1995 ATTEST: Robbie Hancock City Clerk Jim Dailey Mayor Item OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JUKE 20,1995 AGENDA Subject Variance and Waiver for OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required 4Ordinance Resolution Approval Information Report Submitted By Charles Nickerson The Planning Commission approved a preliminary plat for the OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII (S-45-A- 17), subject to the Board of Directors approving a variance of the lot width to depth ratio for lots 851 and 852, and approving a waiver of the sidewalk requirement along the Fawn Tree Dr. frontage of Lot 850. The developer requests approval of the needed variances and wavier. The site is located at the southwest corner of Otter Creek Parkway and Fawn Tree Dr., in the Otter Creek Community. The lots are for additional residential development. None The Neighborhoods and Planning staff recommend approval of the variances and the waiver. The Public Works staff recommends approval of the sidewalk waiver, subject to the developer providing a copy of the Otter Creek Community pedestrian path plan. The Planning Commission recommended approval of the variances and waiver with the vote of 11 ayes, 0 nays, 0 abstentions, and 0 absent. The Planning Commission conducted a public hearing on the request on May 16, 1995. No one objected to the preliminary plat or to the requested variance and waiver. All abutting property owners were notified of the Planning Commission meeting by certified mail at least 15 days prior to the Commission meeting. The Otter Creek Homeowners Association was notified of the Planning Commission hearing. There was only an inquiry from the president of the Association, but not an objection. BACKGROUND The Subdivision Regulations (Sec. 31-232) requires that the depth o F a residential lot shall not be more than 3 times its width. Lots 851 and 852 are deeper than is permitted by this regulation, and variance is required. The Subdivision Regulations (Sec. 31-209) requires that a sidewalk be constructed along at least one side of residential streets. There is no sidewalk along either side of Fawn Tree Dr.; therefore, in the development of Lot 850, a sidewalk would be required to be provided. Because of the existence of a pedestrian path system in the Otter Creek Community (with a path being provided in an access easement abutting the west property lines of Lots 850, 851, & 852), a wavier of the sidewalk is requested. Q� �-j 94, CaLCM , > a �� Q MF6 ,oO 0O 00 CUP . ISSo0v Q Of a a Q o - - �� a ❑ � � �a R2 � a a cu P o CS o� Q Do o 0 Q o o � '1 � MF C? a p ti p a 013 o Q a o o ao aQ R2 o Q Q" 6 CU� �C�? Area Zoning S-45—A17 OTTER CREEK COMMUNTFY TRS T1S R13W 6 •� ? pp 16 CT 42.08 Vicinity Map Item No. 5/95 6�95 WAIVER REQUEST: Waive the requireme to construct a sidewalk along Fawn Tree Dr/ r Y� 5 88'30•3 a4 8 I y !" / E v° r l ' ryn / 2 e 852 rar Sti5 ti Varry the requirement that lots are to be no deeper than three times their width (lot width to depth ratio). Preliminary Plat 8' E 178.54' 51 i -1 1•39' f 60. FAYrN TREE DRIB 60' R 00• E 129.78 F'C�Ii !f ID •-- ti r f 850 IO ! I� { N u� x o I� ., i 2 rn VARIANCE REQUEST: TRS P D S-45-A-17 OTTER CREEK COMMUNITY CT ITEM NO. -N- City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 13 (501) 371-4790 June 14, 1995 Mr. Tommy Hodges Stagecoach Development 14000 Otter Creek Parkway Little Rock, AR 72209 RE: OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII -- RE -PLAT (S-45-A-17) Dear Mr. Hodges: Planning Zoning and Subdivision Enclosed is a copy of the staff "write-up"/minute record for the referenced item. The document includes the minutes of the Planning Commission of May 16, 1995, at which, as you are aware, your re -plat and the needed variance/waiver were endorsed by the Commission. The final approval of the variance/waiver request is now up to the Board of Directors. The hearing of your needed variance/waiver request has been placed on the Board of Directors agenda of June 20, 1995. You need to be prepared to present your request to the Board on that date. Board of Directors meetings are held in the Board of Directors Assembly Room, 2nd. floor, City Hall, located at 500 W. Markham St. Meetings begin at 6:00 in the evening. If you have any questions about this matter, or need additional information, please feel free to call me at 371-6814. Sincerely, Bobby E. Sims Subdivision Administrator cc: Mr. Pat McGetrick McGetrick Engineering 11225 Huron Ln., Suite 200 Little Rock, AR 72211 !WLENDERS TITLE 71KC O M P A N Y 8114 Cantrell, Suite 150, PO, Box 8703 Little Rock, AR 72217 (501) 224-7676 Fax 227-8076 April25, 1995 Mr. Tommy Hodges Stagecoach Development Company 14000 Otter Creek Parkway Little Rock, AR 72209 RE. Lots 850-852, Otter Creek Add., L.R. Dear Mr. Hodges: We have checked the records of Pulaski County, Arkansas, to the 13th day of April, 1995, at 7:00 a.m., as to the following described lands: See attached Exhibit 'A, for the last apparent record owners of the lands adjacent to said subject property. The name(s) shown on the attached sheet(s) represent said owners. The addresses shown are taken from current directories and tax records. We do not certify as to the validity of title or as to the accuracy of said addresses. Our liability is limited to the amount charged for this service. urs trul _, _ rian Scott, Plant Manager LENDERS TITLE COMPANY o 1 • -0 Oa QY @ ? nl (D a tL W 7" O -1 d 70 C V-t C r+ LA (D IZ In Vt d O (D 77 -1 O Ili 0-. rt 7 -• rt rr O r 7 Ol rt -OV W 7 w n C S N fl a n (D 7 m m(n co m V) -I (D Y (D 7 VI O 70 O fD m au ut O In -0 r rr - In u7 -fi s o - z =- rt O (v -1 rt rt M rt - 1.n N (D LO T O m T =;- 1 ' 47' -j =; (D rn N O N Q (D (D %-p -t�- O rt G O cO � O f7 ... 7 N ON -h w O rt -I z LA 1 0 C, N C7 (D m 70 V In O (nD 2- O i �, - - - rt - O kJy co C _ of .. m .. O T v v CA - O rt z -< cJ F e N Vn Z) In r r m Z H G� ❑ A 11 - -• W V to -• �� ...\VVV Cl O _. X-• 7 7 Ot-n O n (D LJ't C0 tow w (D 7 W- N) V n C • In rt S - N - tD O Ln (D O • .. S w ri m - n o D - - - 41 -, Di n • (D �,n I •• `• • S -h l0 m • • a 7 rt 3 -O O N-•(D �- 7 p pl I --I S Q_ rt rt W N LO 7 IT (D (D - O (D CYN O r-t <� n (D -; 7• W N m (D .. U n, (D v n a N t rt n .�i O - -I c� �-n 0. -� co Tw.l:Id Q tQh In O (D rt O\ ID (D — z V I In (D -1 O 77 O DD W Irt m a I In a O (D o Iv Co v+ XI -h 7 to 7 -o to O Qti p� D v n - n Iti) • z 7 to 70 (D -TI (D I m o 0 n (n w 7 E (D -• $E n m .. %P N n w (0 -. In Iv C - N rt -' I i 7 O O rt -s - ID -I 0 V CD < Oo r m In ❑ n -S (.0 • 7 (D w O- - 00 Z p 0) (D `d n In 1 (D a) rr o O V O O\ C ,� a -• O - CrN CO N -• o_ -I C rt -h rt m - -i In F -. -. -1 T n zr In -• In < < (D In C (D- 7 rt 0 (D 7 W� L.0 (IJ .. n O < w w rrl (n c-) m r (D VI (D (D tD O O 6\ n In O N -h -. z c 0 N 111 z - S ri m O� -` O -•rt Nm Iv ^j 0 0_ TVI- < 0C) f -h (D p - o m o w 1� _ n W N 7 7 0 N lD LO -W r o m .� < m . 111 T - w rl -,1 ( M1 Owner and Address David M. Drenzek and Carole A. Drenzek 11008 Dogwood Cove Little Rock, AR 72209 Legal Description Lot 61, Otter Creek Community. Doyle G. Chambers and Joanne L. Lot 62, Otter Creek Community. Chambers 11004 Dogwood Cove Little Rock, AR 72209 Gary Bemberg 6614 Country Club Heights Benton, AR 72015 Majid Kemeli and Rita Kemeli 17009 Fawn Tree Drive Little Rock, AR 72209 Rodger Grimes and Sara Grimes 10003 Lemoncrest Drive Little Rock, AR 72209 Lot 63, Otter Creek Community. Lot 64, Otter Creek Community. Lot 65, Otter Creek Community. Randy E. Ransom and Rosemary Jane Lot 66, Otter Creek Community. Ransom 10007 Lemoncrest Drive Little Rock, AR 72209 Ricky W. Hamilton Lot 67, Otter Creek Community. 10009 Lemoncrest Drive Little Rock, AR 72209 William D. Willoughby and Dorothy Lot 670, Otter Creek Community. E. Willoughby 17000 Fawn Tree Drive Little Rock, Ar 72209 Terry W. Taylor and Linda L. Taylor Lot 671, Otter Creek Community. 16101 Otter Creek Parkway Little Rock, Ar 72209 Owner and Address Otter Creek Home Owners Association 14000 Offer Creek Parkway Little Rock, AR 72209 Legal Description Private Common Area in Otter Creek located directly East of subject property. April 27, 1995 David M. and Carole A. Drenzek 11008 Dogwood Cove Little Rock, AR 72209 Dear David and Carole: As you are probably aware, the original plan for Otter Creek reserved the Southeast corner of Otter Creek Parkway and Fawn Tree for a day care center. We recently received an offer from a person who wanted to build such a facility at that location. After visiting with several residents, I determined that a day care center would not be compatible with adjacent residences. Therefore, we have converted the property into residential lots, and have submitted a plat thereof to the City. I am enclosing a copy of the platted area for your review because it abuts your property. There is a public hearing on Tuesday, May 16 in the Council Chambers, in City Hall at 9:30 A.M. This plat will be considered by the Planning Commission at that time. Please feel free to call me anytime if you would like to discuss the issue. Sincerely, Thomas L. Hodges President TLH/th --.S 74.39' E 391.0• r � ' i _ FAWN_ TREE DRIVE 60' R/yy / S 85'36'00' E 129.78 kf EASEMENT --- ---. i n 850 ry ? S 88'30'36' E 179.54'Li r' o m 2 i W �1 ' u 851 1 £ - •. �`i • - _ � . � E 253.2g 6' 30 40 \ 14 Al - ' ry z 852 pcs, j ti00 -00 2 .. GOB` �.A: City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND TO: Otter Creek Neighborhood Association ATTENTION: Mr. Don Roberts ADDRESS: 29 Lendl Loop Little Rock, AR 72209 Planning Zoning and Subdivision GENERAL LOCATION OR ADDRESS: At the southwest corner of Otter Creek Parkway and Fawn Tree Dr. OWNED BY: Stagecoach Development APPLICANT: Mr. Tommy Hodges NOTICE IS HEREBY GIVEN THAT an application for preliminary plat approval for the above property has been filed with the Department of Neighborhoods and Planning. The applicant proposes to subdivide a single large tract into three (3) residential lots. A public hearing will be held by the Little Rock Planning Commission in the Board of Directors Chamber, second floor, City Hall, on May 16, 1995, at 9:00 A.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhoods. Information requests should be directed to the Bobby Sims with the Planning staff at 371-6814. BILL OF ASSURANCE LOTS 850, 851 AND 852 OTTER CREEK COMMUNITY PHASE VIII KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Stagecoach Development Company, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: PART OF THE NE1 /4, SE1 /4 SECTION 6, T-1-S, R-13-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SW CORNER OF THE SE 1/4, SECTION 6, T-1-S, R-13-W; THENCE THE FOLLOWING BEARINGS AND DISTANCES; S 89'24'12" E 1009.13% N 03'40'00" W 218.0% N 27'25'02" W 245.57'; N 00'52'00" E 780.22'; N 39*12'00" E 190.0% N 57'32'00" E 335.0% N 29'32'00" E 356.0% N 14'06'00" E 230.0% N 15'21'00" E 60.0% S 74'39'00" E 391.0% N 88'21'00" E 83.0% S 01'39'00" E 60.0% TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE TO THE LEFT, ON THE WEST RIGHT-OF-WAY LINE OF OTTER CREEK PARKWAY, SAID CURVE HAVING A RADIUS OF 746.0' AND A CHORD BEARING AND DISTANCE OF S 09'52'00" E 213.07% THENCE S 58'52'00" W 257.32'; THENCE N 36'09'00" W 107.9% THENCE N 25'33'00" E 119.38% THENCE N 22'49'00" E 171.49% THENCE ALONG A CURVE TO THE LEFT, ON THE SOUTH RIGHT-OF-WAY LINE OF FAWN TREE DRIVE, SAID CURVE HAVING A RADIUS OF 615.35' AND A CHORD BEARING AND DISTANCE OF S 85'36'00" E 129.78' TO THE POINT OF BEGINNING, CONTAINING 60,240.48 SQUARE FEET OR 1.38 ACRES, MORE OR LESS. WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to Stagecoach Development Company, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Reg- istered Surveyor, and executed by him cuted by it , 19 , exe- and bearing a certificate of approval executed by the Little Rock Planning Commission and Pulaski County Planning Board, said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public an easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being with- out limiting generality of the foregoing electric power, gas, tele- phone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities, to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. 2 All street signs shall be of wood construction. Street signs, entry monuments, and unpaved islands shall be maintained by Allotter or the Otter Creek Homeowners Association, in perpetuity. The filing of this Bill of Assurance and Plat for Record in the office of the County Circuit Clerk of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements sub- ject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Lots 850, 851 and 852, Otter Creek Community, Phase VIII, being a replat of a 1.36-acre Reserved Tract in Otter Creek Community, Phase I, Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed, subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided, shall be and remain in full force and effect until July 1, 2014, to -wit: DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot a platted having more than one street contiguous to it. 3 The words "low density residential" shall mean and refer to lots 850-852 inclusive and shall be single-family residential lots and any other low density residential lots hereinafter platted. RESTRICTIONS 1. Use of Land. None of the lots defined as "Low density resi- dential" may be improved, used or occupied for other than private res- idence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. The tracts of land designated on the plat of Lots 850, 851 and 852; Otter Creek Community, Phase VIII, shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkan- sas. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot in this subdivision until the building plans and specifications therefor, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of Thomas L. Hodges, Patrick McGetrick, and John H. Jacobs, or their duly authorized repre- sentatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve or disapprove such plans, specifications, color scheme materials and plot plan, or to designate a representative or representatives with 4 like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architec- tural committee fails to approve or disapprove any such plans, speci- fications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the mak- ing of such alterations has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural commit- tee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Heiaht and Tvne of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Lots 850, 851 and 852, Otter Creek Community, Phase VIII, other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage or carport for not less than two (2) cars. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by 5 more than ten percent (10%) without the prior written approval of the Architectural Committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,550 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Type. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet mea- sured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,600 square feet of finished M heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,700 square feet of floor space. (b) Two -Story and Story -and -a -Half. If a dwelling has fin- ished heated living areas on two or more levels or stories, which lev- els or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 900 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of the first level or story of such dwelling and shall have at least a total of 1,800 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area mea- sured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,800 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Exterior Finish. All residences shall have a minimum of 30% of exterior walls of approved masonry finish. 7 8. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures that may be placed on any lot or portion of a lot that is used exclusively by a public util- ity company in connection with the furnishing of public utility ser- vice to Lots 850, 851 and 852, Otter Creek Community, Phase VIII. 9. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architec- tural Committee. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial pur- poses. 11. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall any- thing ever be done which may be or become an annoyance or nuisance to the neighborhood. no vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or 9 rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a resi- dential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 13. oil and Mineral operations_. No oil drilling, oil develop- ment operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 14. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 15. Existing Structure. No existing erected building or struc- ture of any sort may be moved onto or placed on any of the above- des-cribed lots. 16. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and ser- vants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or perma- nently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for Public Utilities. Easements for the installa- tion, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said W easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and loca- tion thereof. In the event any trees, shrubbery, incinerators, struc- tures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no per- son, firm or corporation engaged in supplying public utility services shall be liable for this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot; pro- vided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Otter Creek Homeowners Associa- tion. Moreover, no automobile, truck, trailer, boat, tent or tempo- rary structure of any nature whatsoever, shall ever be parked, located or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the tempo- 10 rary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street prop- erty line and a line connecting them at points fifty (50) feet from the intersection of the street line, or in the case of a rounded prop- erty corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. Prop-erty Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them 11 to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Stagecoach Development Company, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Stage- coach Development Company, its successors or assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Stagecoach Development Company, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corpora- tion all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 22. Modification of Restriction. Other than for amendments cov- ered under paragraph four of this document, any and all of the cove- nants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled in whole or in part, by a written instrument signed and acknowledged by the owner 12 or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1, 2014, shall automatically be continued thereafter for successive periods of ten (10) years each, unless ter- minated or cancelled as herein provided. 23. Common Use Areas. In the plat of Lots 850, 851 and 852, Otter Creek Community, Phase VIII, the Allotter has designated a cer- tain area of land as Common Private Areas and Sewer Easement intended as a recreation area and for related activities for the property own- ers in said Addition and as set forth in the Otter Creek Homeowners Association Declaration, dated October 24, 1974, which said Homeowners Association Declaration is hereby incorporated into and made a part of this Bill of Assurance. 24. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any Court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth therein, but they shall remain in full force and effect. 13 WITNESS our hand.and seals this day of ATTEST: APPROVED: LITTLE ROCK PLANNING COMMISSION By _ Date , 19 STAGECOACH DEVELOPMENT COMPANY By APPROVED: PULASKI COUNTY PLANNING BOARD By Date 14 ACKNOWLEDGMENT STATE OF ARKANSAS J J SS. COUNTY OF PULASKI J On this day of , 1995, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named THOMAS L. HODGES, to me personally well known, who stated that he was a Partner of Stagecoach Development Company, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and in the name and behalf of said Stagecoach Develop- ment Company, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consid- eration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of MY COMMISSION EXPIRES: NOTARY PUBLIC , 1995. 15 C ° C1 d fl CD� Qo�a�� S-45-A17 OTTER CREEK CONPdUNrFY I TRS T1S R13W 6 V.4w pD 16 CT 42.08 Vicinity Map Item No. 5/95 rA I d3 n' 'S 1•39' C 60 TREE DRIVE 80' / S a5'39'00' E 129.78 Preliminary Plat TRS ITEM NO. PD S-45-A-17 OTTER CREEK COMMUNITY N CT April 21, 1995 Public Works Review of Subdivision Agenda May 16, 1995 Preliminary Plats S-45-A-17 Otter Creek Community 1. The Final Plat submitted requires some additional information. 2. Sidewalk and handicap ramps are required per ordinance. 3. Stormwater detention analysis is required. S-868-II Chenal Valley Office Park 1. Preliminary plat has some technical requirement that need clarification. 2. Provide sidewalks on both sides of private street. Provide sidewalk on Chenal Valley Drive. Provide analysis on how this site fits with walk/bike path for Chenal Parkway. 3. Request waivers if grades on streets are to exceed maximum allowed. 4. Engineering stability analysis will be required on dams. 5. Private street plans require Public Works Approval. 6. Provide erosion control plan and site grading plan and obtain all city, state , and federal permits before any construction or clearing. 7. Consolidate the three-way intersections into one at Chenal Valley. 8. Provide Storm Water Detention analysis. 9. Private Streets are not allowed to connect two public streets by ordinance. S-1056-A CWC Subdivision 1. Submit plan to AHTD for approval. 2. Provide stormwater detention analysis. 3. Use common access to each roadway from adjacent parcels. 4. A Grading permit is required before any construction. 5. Floodplain certification is not signed. 6. Provide analysis and resizing of culverts crossing driveways. S-1058 Dean Wisdom Subdivision 1. Preliminary plat has some technical requirement that need clarification. 2: Contact AHTD before any work in the right-of-way. 3. Applicant should contact Pulaski County Floodplain Administrator prior to approval from the City. a11pCit}� of Little Rock Depa^mere 01 ubh,, Works 7C1 We51 f;.a'0)2- Little Rock, At .arsas 72Ln1-1:M 371-4811 FAX CIVIL ENGINEERING RESP014SE Enpineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued ='*f c,e«.0 co ,-ro - Lr /-.11�x s' I esZ tirs�li/�� ? Signed ByCD - REY;A.RKS : 1t) X %J i3 /fc /lie S CLR PUBLIC 'WORKS DEPT. = %tips PIQ� rs anfj' 1 ��/✓1 DATE TO -zone x O ! '�d N'1 �►'1,'" / Q ✓ t / (a . AGENCY FAX # FROM O !81 Oo20E c--�f2cfrve lI 3193 -AGENCY FAX # PHONE # TOTAL PAGES ORDINANCE NO. 16,914 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM LOT WIDTH TO DEPTH RATIO REQUIREMENTS AND A WAIVER OF THE SIDEWALK REQUIREMENTS FOR OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII (S-45-A-17), LOCATED AT THE SOUTHWEST CORNER OF OTTER CREEK PARKWAY AND FAWN TREE DRIVE, IN THE OTTER CREEK COMMUNITY, LITTLE ROCK, ARKANSAS. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variances from and a waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for OTTER CREEK COMMUNITY, LOTS 850, 851, & 852, PHASE VIII (S-45-A-17), as follows: Subsection a. That a variance from the provisions of Sec. 31-232 be approved, which requires that the depth of a residential lot not be more than three times its width, for Lots 851 and 852. Subsection b. That a waiver from the requirements of Sec. 31-209 be approved, which requires that a sidewalk be constructed along at least one side of a standard residential street, and permit the development of Lot 850, without the required sidewalk along the Fawn Tree Dr. frontage of the lot. SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: June 20, 1995 ATTEST: Robbie Hancock Jim Dailey City Clerk Mayor 13 City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 July 10, 1995 Tom Hodges Stagecoach Development 14000 Otter Creek Parkway Little Rock, AR 72209 RE: OTTER CREEK COMMUNITY PHASE VIII -- LOTS 850, 851, AND 852 REPLAT Dear Mr. Hodges: Planning Zoning and Subdivision The purpose of this communication is to transmit a copy of Ordinance No. 16,914 which provided for a variance of lot width to depth ratio and the waiver of the sidewalk requirement for the above referenced plat. This completes public hearing review of this plat proposal. You are now permitted to proceed with final platting of this subdivision. If you have questions or concerns remaining, do not hesitate to call my office. Since ely, Ri hard wood, Manager Zoning and Subdivision Division Rw:aa cc: File No. S-45-A-17 City of Little Rock ~C)epEr^ n1enS of Pu�;c \1Crk5 7!'1 'NeS; 1.t •rc— ail cl1 =AX - CIVIL ENGINEERING RESP014SE Enaineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued E`r� c,e�� � Q �+ �.•.. �-� �� S' / is 2 _1 Signed REIf:S: a / L CLR PUBLIC WORKS DEPT. S P/4! �S Qr'Jf/rQ`�i C.rJ��r✓1 DATE TO Zorle X 6 F.'(fdmm•_ A QYld17D AGENCY FAX # -FROM DD !�1 002�c �.QCflv2 �l 3�93 -AGENCY FAX # PHONE # TOTAL PAGES CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE Annexation . . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ i Conditional Use Permit . . . . . . . . . . . $ r � Final Plat r f # Planned Unit Develo nt $ JUL 8 1995 b Preliminary Plat . . . . . . . . . . . . . . $ CITY OF LITTLE ROCK _ Rezoning Application BV����G ��±G • $ � G ! Site Plan (Multiple Building/Zoning) $ } Special Use Permit . . . . . . . . . . . . . $ f E, Street, Alley, of nujer.;ent Closure $ Street Name Change . . . . . . . . . . . . . $ t ' Street Name Signs: # Signs at ea. $ r n a ' File No.: '/ t -I Address: Applicant: B) l p9'SZ-tea F �� iz CSC