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HomeMy WebLinkAboutS-0995-A Applicationr CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. �;� i DATE , 19 17 Annexation . . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit . . . . . $ Final Plat . . . ,..,e "''' $ '7�7 Planned Unit Develop "'t . . . $ �.�.05 Preliminary Plat . �.� . . $ WU Rezoning Applicationi�' v`+r1" �� $ Site Plan (Multiple Builds g/Zoning) . . . . $ Special Use Permit . . . . . . . . . . . . . $ Street, Alley, or Easement Closure $ Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs at ea. $ a' TOTAL $/ 2 �7 S File No.Address: Applicant: By: Environmental Scientists Incorporated HAND -DELIVERED September 29, 1994 Mr. Bobby Sims Little Rock Planning Commission 723 West Markham Street Little Rock, AR 72201 1 . 200 Casey Drive Maumelle, AR 72113 Tel: (501) 851-8806 Tel: (501) 851-3366 Fax: (501) 851-3368 Re: Final Plat at Terra Belle Addition to Little Rock, Pulaski, County, Arkansas Dear Mr. Sims: ROBERT D. HOLLOWAY PRESIDENT PROF. ENGINEER REGISTRATION ARKANSAS MISStSSIPPI LOUISIANA ALABAMA PROF. LAND SURVEYOR REGISTRATION ARKANSAS Please find attached three (3) copies of the Final Plat of the reference project for your review - We are circulating a copy to all the utilities for their signatures and will provide you evidence that the city has been made a party to the performance bond for the construction work shortly. You will also find attached a copy of the bill of assurance and other associated documents pertaining to the project. If you have a need of any clarification or additional information please don't hesitate to call. Respectfully submitted, f eo 1 Robert D. Holloway, President ENVIRONMENTAL SCIENTISTS, INC. Attachments RDH/co ENGINEERING 0 DESIGN • SURVEY/MAPPING City of Little Rock _ _ Engineering ivision 4 Department of 701 West Markham i� Public Works Little Rock, Arkansas 72201-1300 371-4811 FAX 371-4460 � itt eptember 24, 1998 Mr. Wally Loveless 11330 Arcade Drive, Suite 7 Little Rock, AR 72212 RE: Terra Bella Subdivision S-2977 Dear Mr. Loveless: Your request to consider accepting subject private street as a public street requires a recommendation from the Director of Planning and Public Works. Their initial comments are for the following items to be addressed prior to supporting an application before the Planning Commission. 1. Agreement to remove brick columns adjacent to and within roadway surface at entrance. 2. Provide certification that FEMA and the Corps of Engineers have accepted construction of box culvert in Rock Creek Channel and a map revision has been properly documented and funded. 3. Agreement to install guardrails with proper turndown terminis on bridge structure to protect the safety of motorists. 4. Agreement to dedicate a minimum of 45 feet of right-of-way along length of the roadway, including 20' radial dedications at Cantrell Road and minimum dedication of 10' beyond limits of constructed cul-de-sac pavement. 5. Agreement to provide power for street lights. Underground service to poles will be at the expense of applicant. As ordinances attached indicate, you will be required to submit a new preliminary plat for the Planning Commission to consider. Filing deadline for the December 3 Planning Commission is October 19. If accepted by Planning Commission, adjacent property owners will have a right to take access to dedicated public street. Please call me at 371-4820 if you have further questions. Zavi erely, L. Scherer, P.E. Civil Engineering Manager DLS/ddp cc: Chan Wallar Bob Turner Jim Lawson Richard Wood -0_4r' C:Wdp docwimlk\ MPSOl TSWT Bali Subdivision 92498d "We're Proud of Our Works" 4 31-207 LITTLE ROCK CODE The developer shall enter into contracts with the Little Rock Municipal Waterworks for the main- tenance of all water mains and hydrants lying within the private street right-of-way. (b) Commercial, office and industrial. (1) Private street systems for nonresidential use shall be discouraged. However, the planning commission may approve limited use when the design standards of this chapter are used as a basis for review. (2) Private streets shall be limited to short loop or cul-de-sac alignments where the development served contains less than five (5) acres. The developer [shall] demon- strate that the street system proposed can adequately serve the needs of public ser- vice vehicles for access, turning radius, and clearance of other improvements within the right-of-way. (3) The design of nonresidential private streets shall provide for access into a public right- of-way as required for private driveways. (4) The developer shall provide for permanent maintenance of private streets within the bill of assurance. This maintenance shall include water lines, fire hydrants, or other utility facilities. The developer shall enter into contracts with the Little Rock Munic- ipal Waterworks for the maintenance of all water mains and fire hydrants lying within the private street right-of-way. (5) Developers shall conform to the prelimi- nary plat filing procedures in addition to the following: a. A bill of assurance which shall contain covenants and restrictions to run with the title of the lots contained within the plat. The covenants shall provide for permanent access rights and main- tenance responsibility. b. Street construction plans for review and approval by the department of public works. c. Construction plans for extension of wa- ter and sanitary sewer systems. d. Plans for boundary fences, wall, guard houses, or other physical improve- ments unique to a private street sys- tem. However, such plans shall not include gates or entry barriers which are expressly prohibited. (Code 1961, § 37-21(b)(9); Ord. No. 15,529, § 1n, 8-16-88) Sec. 31-208. Existing private streets. (a) The planning commission shall review and determine acceptance of the dedication of existing private streets as provided in this section. (b) Principal access right -of --way only is al- lowed. Alley dedications shall be discouraged. (c) Streets and alleys which had been previ- ously dedicated to the county will become city streets upon annexation; these streets and alleys will be maintained at or above their physical condition upon annexation. (d) Streets and alleys which had been previ- ously fully maintained by the county for which no dedication is on record will become city streets upon annexation only if a formal dedication is made. Such dedications shall be reviewed by the planning commission and accepted by the board of directors as prescribed by law. No improve- ments or construction shall be required, and these districts and alleys will be maintained at or above their physical condition upon annexation. Streets which have not been fully maintained by the county but have received periodic county mainte- nance, may receive the same periodic mainte- nance by the city upon annexation if an official of county operations or road and bridge department verifies in writing that the county did conduct periodic maintenance and specifies the nature of the maintenance. (e) Streets or alleys which were private in every respect shall remain private after annex- ation. Owners of properties abutting such streets or alleys may request dedication by following the procedures outlined for submission of preliminary plats. Dedication of right-of-way for alleys shall provide a tie to the public street system at both ends. Supp. No. 22 1898 SUBDMSIONS § 31-208 (f) A review committee consisting of the plan- ning director and the city engineer shall evaluate each incidence whereby dedication is at issue. A recommendation in written form shall be made on each qualifying request and presented to the commission at a public hearing. This committee shall act in the capacity of technical advisor only to the planning commission and subdivision com- mittee. Appeals from decisions or actions of this committee may be filed with the planning com- mission, after review by the subdivision commit- tee. (g) The planning commission shall determine that a need exists for a public street. (h) Citizens desiring to dedicate private streets shall assume all costs to include platting, engi- neering, and construction. (4) The planning commission may require proof of pavement base course and subgrade con- ditions during the technical review of the street, only after submission of a plat. (5) Horizontal and vertical curves and other geometric conditions of the street must be judged safe for existing and future traffic conditions. (6) Dead-end streets shall provide an adequate turnaround for sanitation and emergency vehicles both in dimension and improve- ments. (7) The street shall have sufficient crown to permit normal drainage from the pave- ment surface. (i) No street shall be offered nor reviewed for (8) dedication where no structure abuts the right-of- way or where such action would circumvent the subdivision ordinance review for new streets or subdivisions. (J) In those instances where a private road was created by land sales constituting a violation of (9) this chapter or any previous subdivision ordi- nance, the property from which the road was derived shall be included in preliminary plat submissions. W The review criteria shall be as follows: (1) The street proposed will be located within a dedicated right-of-way of not less than forty (40) feet. (2) The pavement surface shall be at least twenty (20) feet wide with adequate shoul- ders. The pavement must be of asphaltic concrete or portland concrete construction. The shoulders shall have a minimum of a single surface treatment. Street side drainage ditches shall be per- mitted except in those cases where the planning commission determines that curb and gutter and underground drainage is the only feasible method to handle the drainage. All drainage structures within the right-of- way shall be of sufficient size and type construction to meet other city ordinances or be judged adequate by the planning commission. (10) Street grades and intersection approach grades shall meet other city ordinances or be judged satisfactory for existing and fu- ture traffic conditions. _ (11) Utility alignment and depth shall meet all city policies or be judged satisfactory by the planning commission. The applicant shall show all existing or proposed utilities on the dedication application. (3) The pavement thickness must be equiva- (12) The planning commission may designate lent to a minimum of six (6) inches of drainage, utility or public use easements as compacted, crushed stone (SB-2), base course required to maintain the street. plus two (2) inches of asphaltic concrete (Code 1961, § 37-21(b)(10); Ord. No. 15,529, § lo, placed on an adequate subgrade. p, 8-16-88; Ord. No. 16,861, § 1(aa), 3-21-95) Supp. No. 22 1898.1 BILL OF ASSURANCE FOR TERRA BELLA ADDITION TO THE CITY OF LITTLE ROCK PULASKI COUNTY ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, ACTION INVESTMENTS, a foreign business trust, acting by and through its agents, MONTY HOBBS and PATTE HOBBS, herein called Owner, has caused certain lands owned by it to be surveyed, divided into 5 lots, and platted into an addition known as TERRA BELLA ADDITION to the City of Little Rock, Pulaski County, Arkansas, and the plat thereof appears of record in the office of the Recorder of Pulaski County, Arkansas, as document number ; and WHEREAS, Owner has the legal right to subdivide the lands shown on said plat; and WHEREAS, Owner desires to provide for the use of the property for the highest of residential uses and to restrict its uses as such; and WHEREAS•, Owner intends to comply with the provisions of all regulations of the planning board having jurisdiction that are applicable to this subdivision, including but not limited to installation of required improvements and declaration of public disclosures. NOW THEREFORE, Owner hereby- adopts the covenants stated herein and agrees that the stated covenants shall apply to Lots 1 through 5 of the property now platted as Terra Bella Addition to THIS INSTRUMENT PREPARED BY: STUART W. HANKINS, ATTORNEY 800 West Fourth Street North Little Rock, AR 72114 the City of Little Rock, Pulaski County, Arkansas, herein called the Addition, as covenants running with the land: 1. SCOPE OF APPLICATION. These covenants shall apply in their entirety to the area known and described as Terra Bella Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on the recorded plat thereof. 2. LAND USE AND BUILDING TYPES. No lot in the Addition shall be used for any other purpose than detached single-family residential. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories and each such dwelling shall have a garage for two automobiles which may be either attached or detached to said dwelling. No business or commercial use, other than that carried on in a home office as may be permitted by applicable zoning a ordinances, shall be carried on or permitted in any structure or in any portion of this Addition in keeping with the general plan to develop this property for the highest class of residential occupancy. No noxious or offensive activity will be permitted on any portion of any lot which might become an annoyance or nuisance to adjacent residents or to the Addition. The Architectural Control Committee shall have the power to decide what constitutes an annoyance or nuisance. - 2 - 3. DWELLING SIZE AND QUALITY. No residence shall be constructed on lots in this Addition having less than 2,500 square feet of heated and livable floor space, measured by the outside wall dimensions. All dwellings placed upon the premises shall be of new construction and shall be of the highest class workmanship and best quality materials.- 4. ARCHITECTURAL CONTROL. Original construction of dwellings as well as all modifications, alterations and maintenance, to include painting and/or staining, to the exterior of any existing residence or lot boundary fence must be submitted to Terra Bella Addition Architectural Control Committee for its prior approval. Original construction of dwellings, out buildings or accessory buildings as well as modifications, alterations and maintenance to both the exterior and interior of residences and fencing shall require that the plans and specifications showing the nature, square a footage, size, shape, dimensions, materials and location of the same shall have been submitted to and approved, in writing, by the Architectural Control Committee, or the Committee has waived its right in the manner hereinafter provided. No tree shall be removed from any lot without the approval of the Architectural Control Committee. 5. THE ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee shall consist of Monty Hobbs and Patte Hobbs. In the event of the death, resignation or disqualification of a member of the Architectural Control - 3 - Committee, the remaining members shall designate a replacement. Any property owner in the Addition seeking to obtain the required approval of any plans for original construction, modification or alteration or improvements on his, her or its property shall submit the same in two (2) copies to any member of the Architectural Control Committee. A written receipt from any member of the Architectural Control Committee, shall be prima facie evidence of the delivery of such plans and the date thereof. If, within sixty (60) days from the date of delivery of such plans to a member of it, the Architectural Control Committee has not stated to the lot owner deficiencies in the proposal for such construction or alteration, the lot owner may proceed with such construction as though affirmative approval had been received from the Architectural Control Committee. Notice shall be given to the lot owner at the address for the owner indicated in the city telephone directory or as otherwise indicated by the owner, in writing, to the Architectural Control Committee by certified mail with return receipt requested. If deficiencies are noted and called to the lot owner's attention in the proposed plans within a sixty (60) day period following delivery thereof to a member of the Architectural Control Committee by the lot owner, the lot owner shall not proceed with any such construction until such deficiencies have been corrected to the satisfaction of the Committee. The Committee shall have full power to enforce the provisions and restrictions herein by an action for an injunction as fully as though they were the lot owners of - 4 - property in the Addition and whether or not they are actually lot owners of property in the Addition. 6. GENERAL RESTRICTIONS. a. No noxious or offensive activity and no commercial activities of any kind shall be carried on upon any lot in this Addition, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. b. No trailer, mobile home, tent, shack or barn shall be erected on any lot in this Addition, temporarily or permanently, except for temporary use by construction contractors only. Tents used for recreational purposes of a short duration shall not be considered as excluded by this provision and shall not be prohibited as long as they do not become an annoyance or nuisance to the neighborhood. C. No sign, billboards, posters or advertising devices shall be permitted upon any of the lots in this Addition except that the owner of each lot may place house numbers and the lot owner's name upon his or her mail box or dwelling; however, each letter thereof shall be no more than six (6) inches in height and six (6) inches in width; and lot owners may place a sign not more than four (4) square feet in size advertising the property for sale should it be offered for sale by the lot owners. d. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. - 5 - e. No trash, ashes or other refuse may be thrown or dumped on any of the lots in the Addition. f. No building material of any kind or character shall be placed or stored upon any lot in the Addition until the owner is ready to commence construction of the improvements requiring such materials. g. No privy, cesspool, septic tank field or disposal plant shall be installed or maintained on any lot in the Addition, and all residences and permitted accessory buildings shall have the plumbing connected to the city sanitary sewer system. h. All driveways in the Addition shall consist of a hard paved surface. i. No trucks, golf carts, dune buggies, mobile homes or commercial vehicles shall be kept on the lot outside of the garage or carport. j. Grass, weeds and vegetation shall be kept mowed and cleared at regular intervals on each lot by the lot owner thereof so as to maintain the same in a neat and attractive manner. No debris shall be allowed to accumulate upon any lot. Dead trees, shrubs, vines and plants shall be promptly removed from each lot. The Architectural Control Committee shall have the right, privilege and option to cause any unkept lots or portions of lots to be mowed and to remove dead trees, plants or other vegetation and debris from such lot if, after ten (10) days' notice, in writing,' from the Architectural Control Committee to the lot owner, the lot owner has failed or neglected to do so, and the Architectural Control Committee shall be entitled to a lien on such lot for the cost of such work. k. No TV Antenna Disk or satellite receiver dish shall be allowed in the front yard or any side yard in the Addition from this date forward. Any such TV Antenna Disk or satellite receiver dish shall be placed behind a line formed by extending the rear residence structure line to the side lot lines. Any TV Antenna Disk or satellite receiver dish placed in the Addition shall be landscaped to prevent observation from the street. 7. BUILDING LOCATION. There shall be established restrictions upon the location of buildings upon lots. Specifically, there shall be set -back requirements from front, rear or side lot lines as either depicted on the plat of the Addition or by the approval of plans by the Architectural Control Committee. S. DIVISION OF LOTS. a. A "lot" as that word is used herein shall consist of a numbered lot as shown on the plat of the Addition, together with any portion or portions of an adjacent lot or lots comprising a single building site. No lot shown on the plat may be subdivided into more than one lot. b. All lots, when sold, shall be transferred in the configuration or multiples thereof as shown on the plat of record. - 7 - C. All lots, when sold, shall be conveyed by references to the lot number, block number (if appropriate) and subdivision name as shown on the plat of record. 9. FENCING AND ORNAMENTAL STRUCTURES. Fences may be erected by the owner on any portion of any lot up to a line from the front of the residence extending out to the side lot lines if prior approval is obtained from the Architectural Control Committee. The painting or staining of the interior and exterior of said fencing on each lot shall be the sole responsibility of the lot owner. 10. DEFINITION OF "PRINCIPAL DWELLING". The term "principal dwelling", "residence" or "principal residence" as used in these restrictive covenants shall refer to a residence meeting the requirements hereof. 11. PROPERTY OWNERS ASSOCIATION. For the purposes of maintaining areas and improvements to be used in common with all of the residents and owners of lots in the Addition, the private entrance road, the private walkway, the street lights, drainage and sewer and common property and improvements as may be for the general use and benefit of owners and residents of the lots, each and every lot owner, in accepting a conveyance of any lot in this Addition, agrees to and shall become a member of and be subject to the obligations and duly enacted bylaws and rules of the Terra Bella Addition Property Owners Association. - 8 - 12. LIEN FOR MEMBERSHIP DUES. All owners of the property in the Addition shall pay the required dues to the Terra Bella Addition Property Owners Association promptly when the same become due, and in the event of failure to pay the same promptly when the same become due, such dues shall constitute a lien upon the property owned by such owner in the Addition and the same may be enforced in equity as in the case of any lien foreclosure authorized in the State of Arkansas. All delinquent assessments shall bear interest at the highest rate of interest allowed by law from the date the same become due until they are paid, and the Association shall be entitled to a reasonable fee for its attorneys when their services become necessary to collect any delinquent assessments, all of which shall be a part of the lien for dues. Lot owners shall not be assessed any dues until after three (3) of the five (5) lots in the Addition are sold by Owner and thereafter, said dues are estimated to be $25.00 per month per lot but said amount may be increased by the Board of Directors of the Terra Bella Addition Property Owners Association. 13. SUBORDINATION OF LIEN FOR MEMBERSHIP DUES. The liens herein retained for membership dues to the Terra Bella Addition Property Owners Association are hereby made expressly inferior and subordinate to valid and bona fide mortgages and deeds of trust or retained vendor's liens securing obligations of owners of any of the lots in the Addition up to the time of sale at foreclosure of any such mortgage, deed of trust or vendor's lien and for a period of six (6) months thereafter or until the residence upon such property is occupied, whichever date shall first occur, after which time monthly membership dues shall thereafter accrue as a lien upon such lot in the identical form and manner as prior to the foreclosure sale of the property involved. This subordination shall be construed to apply not only to the original, but to all successive mortgages, deeds of trust and vendor's liens given by property owners to secure obligations, together with extensions and renewals thereof. 14. EASEMENTS. No recorded easement shall be used by any company or person, other than the owner of the affected lot or lots, for any purpose other than those designated on the plat of the Addition. 15. PERSONS BOUND BY THESE COVENANTS. a All persons or corporations who now own or shall hereafter acquire any of the lots in this Addition shall be deemed to have agreed and covenanted with the owners of all other lots in this Addition and with its or their heirs, successors and assigns to conform to and observe the restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years from the date these covenants are recorded, and these covenants shall thereafter automatically extend and remain in effect for successive periods of ten (10) years unless prior to the end of the original term or any successive term of the - 10 - application hereof eighty percent (80%) of the then owners of lots in the Addition agree to the amendment or removal of these covenants in whole or in part. No changes in these covenants in the manner herein set forth shall be valid unless the same shall be placed of record in the office of the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite number of lot owners. Owner, its agents or assigns will not change the declared classifi-cation of lot purpose or declared character of the Addition unless approval is first obtained from the planning board having jurisdiction. 16. RIGHT TO ENFORCE. The covenants, agreements and restrictions herein set forth shall run with the title to the lots in this Addition and bind the lot owners, their heirs, successors and assigns, future lot owners and their heirs, successors and assigns; and all parties claiming by, through or under them shall be taken to hold, agree a and covenant with the owners of other lots in the Addition, their heirs, successors and assigns, and with Owner, as to the covenants and agreements herein set forth and contained. None shall be personally binding on any person, persons, or corporations except with respect to breaches committed during its, his or their holding of title to lots in the Addition. Any owner or owners of lots in this Addition, or Owner, 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 any of the covenants, agreements or restrictions contained herein together with any other rights to which they might otherwise be entitled under the laws of the State of Arkansas. The invalidation of any one of these covenants, restrictions or agreements herein contained by the order of a court of competent jurisdiction shall in no way affect any of the other provisions hereof which will remain in full force and effect. IN WITNESS WHEREOF, the Owner has hereunto subscribed their names this Vdcr— day of , ACTION INVESTMENTS, a foreign business trust Reviewed only for inclusion of minimum standards required by the City of little R=%subdivisior. rc, la!icnc. Sill of Assurance provisions established by the developer may exceed rr:ii.imum rcgu!a'Llion 3 cf tho Utde Rock subdivision and zoning ordinan=. e Cityaf itt€s Rock Planning Commission STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) S; Agent PATTE HOBBS, Agent ACKNOWLEDGMENT On this day, before me personally appeared MONTY HOBBS and PATTE HOBBS to me personally well known, who acknowledged that they were the Agents of ACTION INVESTMENTS, a foreign business trust, and that they, as such Agents, being authorized so to do, had executed the foregoing instrument for the purposes therein contained, by signing the name of ACTION INVESTMENTS by themselves as such Agents. WITNESS my hand and My Commission Expires: C1 23 �2� official seal on this day of NOTARY PUB C - 12 - City of Little Rock Engineering Division Deparlmer-1 o1 7C1 West f:.ar:narn public 1'Jorks Lmle Rock. Arkansas 7.2Ct �3C0 371-t811 Ft.X :7 • -=bO The Civil have been be issued Signed By RD.__-P,xs : Vic CIVIL ENGINEERING RESPONSE Engineering Requirements for Filing of Final Plats satisfied. Approval for filing of this plat can CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX r FROM AGENCY FAX r PHODTE TOTAL s T PAGES