HomeMy WebLinkAboutS-1520-A Applicationri
December 7, 2007
Mayor Mark Stodola
City of Little Rock
CIVIL DESIGN • INCORPORATED
16623 CANTRELL RD., STE. 2C
LITTLE ROCK, ARKANSAS
Board of Directors
City of Little Rock
Attention: Nancy Wood, City Clerk
City of Little Rock
500 West Markham Street, Room 200
Little Rock, Arkansas 72201
Re: Royal Oaks Subdivision Revised Preliminary Plat
Item S-1520-A
East of Chicot Road on Royal Oaks Drive
To Whom It May Concern:
72223
This letter is being sent on the behalf of our client, J.S.C. Construction, LLC. J.S.C.
Construction would like to formally appeal the action of the Planning Commission at it's meeting
on November 8, 2007, in regards to the above referenced development. J.C.S. requested a
revision to their previously approved preliminary plat to allow relocation of the sidewalks in the
development to avoid a conflict with existing utilities along Royal Oaks Drive. The Planning
Commission denied this request.
Please notify us when this item can be added to the Boards calendar for consideration and of
any notices that need to sent or published prior to the hearing date. If you have any questions
or comments, please do not hesitate to call.
Respectfully submitted,
CIVIL DESIGN, INC.
James Dreher, E.I.
Staff Engineer
JHD/jd
cc: JSC Construction
Donna James, CLR Planning
File
0 ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 o FAX (501) 868-5099
7
OFFICE OF THE CITY MANAGER
- LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JANUARY 2, 2008 AGENDA
Subject
A Resolution resending the
Planning Commission's
action of denial of a
variance request from the
Subdivision Ordinance
for the Royal Oaks
Subdivision Revised
Preliminary Plat (S-1520-
A).
Submitted by:
Department of Planning
and Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN
PARTICIPATION
Action Required
Ordinance
Resolution
Approval
Information Report
Submitted By
Bruce Moore
The applicant is appealing the Planning Commission's
recommendation of denial for a revision to a previously
approved preliminary plat to allow the placement of
sidewalks at the back of curb for the Royal Oaks
Subdivision.
I None.
Staff recommends denial of the requested revision to the
preliminary plat. The Planning Commission voted to
recommend denial of the requested revision by a vote of
2 ayes, 9 noes and 0 absent.
The Planning Commission reviewed the proposed
preliminary plat revision request at its November 8, 2007,
meeting. There were no registered objectors present. The
abutting property owners along with the Deer Meadow
Neighborhood Association, the Legion Hut Neighborhood
Association, the Yorkwood Neighborhood Association and
Southwest Little Rock United for Progress were notified of
the public hearing.
BACKGROUND
On May 11, 2006, the Commission approved a preliminary
plat which included the subdivision of 9.985 acres into
thirty-six (36) single-family residential lots and two tracts
designated as open space and detention. Access to the
new lots was proposed by an extension of a new residential
public street from Chicot Road to the east 1,194 feet
connecting with Shady Grove Lane. The applicant also
proposed the removal of two residential lots from Perry
Place Phase III to allow access to Ponderosa Drive. A total
of 1,832 linear feet of new street was proposed,
constructed to Master Street Plan standard.
The proposal included an average lot size of 65-feet by
140-feet or 0.21 acres and a minimum lot size of 60-feet by
130-feet or 0.18 acres. There were no waivers or variances
requested.
The applicant is now proposing a revision to the previously
approved preliminary plat to relocate the placement of the
sidewalks. The approved preliminary plat showed the
sidewalks along Royal Oaks Drive to be located at the
right of way line. The transformer pads and telephone
pedestals were installed just inside the right of way line in
the intended path of the sidewalk. The developer is
requesting to place the sidewalk at the back of curb or just
off the back of curb within 1 foot of the curb. The
developers has removed the request for a waiver of the
required sidewalk placement along Ponderosa Drive.
Staff is not supportive of placing the entire length of the
sidewalk at the back of curb and feels from a safety
standpoint the sidewalks should be located as far away as
possible from the driving lanes. Since the utility boxes
were located within the right of way and not within an
easement located on the front of the lots, staff can support
the majority of the sidewalk being located at the back of
the right of way but other sections of sidewalk located at
the utility boxes can meander closer to the street. The
closest utility box to the back of curb is 4.5 feet and the
furthest is 8 feet. At the narrowest locations where the
utility boxes are located to the street, per ADA guidelines
only 3 feet of clearance space must be maintained for the
proposed 5 foot sidewalk. This would leave about 1.5 feet
of clearance between the closest utility box and the back of
curb.
2
BACKGROUND
CONTINUED
Staff feels the placement of sidewalks or alternative
pedestrian paths to allow connectivity through
neighborhoods is an important aspect of subdivision
development. Staff feels it is important to develop the
newly developing areas per the current ordinance
standards.
Please see the attached Planning
record and site plan for the
development proposal and the
recommendation.
Commission minute
applicant's specific
staff analysis and
3
I
RESOLUTION NO.
A RESOLUTION RESCINDING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN DENYING A
VARIANCE REQUEST FOR THE ROYAL OAKS
SUBDIVISION PRELIMINAY PLAT LOCATED WEST OF
CHICOT ROAD ON ROYAL OAKS DRIVE. (S-1520-A)
WHEREAS, an application was filed on behalf of the Royal Oaks Subdivision
Preliminary Plat to allow the placement of sidewalks at the back of curb for this
subdivision located West of Chicot Road on Royal Oaks Drive; and,
WHEREAS, at its November 8, 2007, meeting, the Little Rock Planning
Commission denied a request to allow the placement of sidewalks at the back of curb
with a vote of 2 ayes, 9 noes and 0 absent; and,
WHEREAS, the applicant has appealed the Planning Commission's action to the
Board of Directors on the City of Little Rock; and,
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has
determined the action of the Little Rock Planning Commission in denying said variance
to be inappropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The action of the City of Little Rock Planning Commission in
denying the variance request to allow the placement of the sidewalks at the back of curb
within the Royal Oaks Subdivision located west of Chicot Road on Royal Oaks Drive is
herby rescinded.
SECTION 2. Said variance is herby approved.
SECTION 3. This resolution shall be in full force and effect from and after its
adoption.
ADOPTED:
ATTEST:
City Clerk
APPROVED:
Mayor
Area .
Vicinity Map
F-JUM11
Case: 5-1520-A N
Location: East of Chicot on Royal Oaks Drive
A
Ward: 7
PD: 15
CT: 41.06
TRS: TISR13WI2
0 200 400 Feet
�� P�� Iw�RRIq�IQ
EU)
S-1520-A 0 ROYAL OAKS 0 REVISED PRELIMINARY PLAT
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
December 18, 2007
Mr. James Dreher
Civil Design
16623 Cantrell Road, Suite 2C
Little Rock, AR 72223
Re: Appeal of Planning Commission Decision File No. S-1520-A — Royal Oaks
Subdivision Revised Preliminary Plat
Dear Mr. Dreher:
This office has received your appeal of the Planning Commission's action on November
8, 2007, in which the Commission recommended denial of a revision to the preliminary
plat request to allow the placement of sidewalks at the back of curb or nearer the back of
curb than typically allowed per the Subdivision Ordinance and the Master Street Plan.
The issue will be placed on the Board of Director's January 8, 2008, Agenda to set the
date of Public Hearing for February 5, 2008. The Board of Directors' meetings begin at
6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall
at 500 West Markham Street. No one needs to be present at the January 8, 2008, Board
of Director's meeting.
As the appellant, you are responsible for notification of the public hearing. I have
attached a notice form. Notices must be sent via certified mail. The notices must not be
sent prior to the January 8, 2008, Public Hearing. On January 9, 2008, contact the City
Clerk or me to assure the February 5, 2008, Public Hearings date was set. The notices
must then be mailed no later than January 25, 2008. Return a copy of the notice, the list
of persons notified and the certified mail receipts to the City Clerk no later than February
1, 2008.
If you have any questions, please do not hesitate to contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
cc: Nancy Wood, City Clerk
Tony Bozynski, Director of Planning and Development
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD
OF DIRECTORS ON AN APPLICATION FOR THE CREATION OF A
PRELIMINARY PLAT WITH ASSOCIATED VARIANCES
TO ALL owners of land lying adjacent to (including across the street from) the boundary of the
property located at:
Address:
General Location:
Owned By:
NOTICE IS HEREBY GIVEN THAT an application for the subdivision of the property cited
above has been filed with the Department of Planning and Development. A public hearing to
review a preliminary plat for this property will be held by the Little Rock Board of Directors in
the Board of Directors Chambers, Second Floor, City Hall on
at
p.m.
Note: The platting into lots and streets may involve a request for variances or waivers from the
standards set forth in the Subdivision Regulations of the City of Little Rock.
ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may
notify the Board of Directors of their view on this matter by letter. All persons interested in this
request are invited to call or visit the Department of Planning and Development, 723 West
Markham Street, 371-4790, and to review the application and discuss same with the Planning
staff.
AFFIDAVIT
I herby certify that I have notified all the property owners of record within 200 feet of the above
property that subject property is being considered for rezoning and that a Public Hearing will be
held by the Little Rock Board of Directors at the time and place described above.
Applicant (Owner of Authorized Agent
(Name)
(Date)
In addition to the 200-foot notification list of property owners previously notified you are
required to notify the following individuals and neighborhood associations as well:
Deer Meadow Neighborhood Association
Lennon Jones
7118 Deer Meadow Drive
Little Rock, AR 72209
Legion Hut Neighborhood Association
Barbara Yates
8102 DePriest Road
Mabelvale, AR 72103
Yorkwood Neighborhood Association
Chuck Godrich
6908 Guenevere Drive
Little Rock, AR 72209
Southwest Little Rock United for Progress
Troy Laha
6602 Baseline Road, "E"
Little Rock, AR 72209
Telephone
(501)687-0836
The Law Firm of
Stephen R. Giles
A Professional Association
425 West Capitol Avenue
Suite 3200
Little Rock, Arkansas 72201-3469
E-mail: sgiles@gileslaw.net
January 23, 2008
Ms. Donna James
Subdivision Administrator
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Royal Oaks Subdivision Sidewalks
Dear Donna:
Facsimile
(50I)374-5092
As you are aware by e-mail from Vince Floriani, Mr. Scott has come to an agreement
with the Public Works officials for installation of the sidewalks in Royal Oaks Subdivision. in
light of that agreement, Mr. Scott withdraws his appeal to the Little Rock Board of Directors and
respectfully requests that this item be removed from the February 5, 2008 Board agenda.
Thank you for your assistance with this matter. If you have any questions, please contact
me.
Sincerely,
Stephen R. Giles
cc: Mr. Dave Scott
S ISCO v �, l-,m
2807046952
Filed & Recorded in
Official Records of
ART a, BRIEN
PULRSKI CaliNH
BILL OF ASSURANCE CeesUIT7 8UM CLERK
FOR
ROYAL OAKS SUBDIWSION
TO THE CITY OF LITTLE ROCK
PULA5KI COUNTY ARKANSAS
ALL PERSONS TAKE NOTICE FROM THIS DOCUMENT;
This Bill of Assurance is made this day �l of Jan
Subdivision to the C�of Little Rock, P��lask' County, Arkansas ("S gbdi o07 and ea5spRo talc Oaks
Plat filed in Book .1- at Pages to
Ex-OfiEic❑ Recorder of Pulaski Caunty,�s the m the records of the Circuit Clerk and
( " "Subdivision Plat").
WHEREAS, the undersigned (the "Declarants') are the owners of all of the real grope
described on the attached Exhibit "A", as shown on the Subdivision Plat as Lots 1 throughrty
6
inclusive, of the Royal Oaks Subdivision to the City of Little Rock, Pulaski County, Arkansas
(the "Property")
WHEREAS, all of the Property, as shown on the Subdivision Plat, has been subdivided
into building lots, tracts, and streets and that the Proe
subject to the restrictive covenants in thus Bill of AssurraanceefO be held,
Purpose
owned, and conveyed
value of the Property by creating a common scheme of development 4Sandf the associated
atedrestrictions on use.
NOW THEREFORE, Declarant for and in consideration of the benefits to accrue to it and
its successors and assigns, which benefits it acknowledges to be of value, has caused to be made
the Subdivision Plat; and
Declarant hereby dedicates and donates to the City of Little Rock the easements rights -
of -way on, over, and under the easements shown on the Subdivision Plat, along with the right of
ingress and egress therefrom for the purpose of installing, maintaitun utility services of any kind, including, but not limited to electricity, tgeIephone,gcable television,
on
sewer, and water.
The filing of this Bill of Assurance for record in the office of the Circuit Clerk and Ex
Off`icio Recorder of Pulaski County, Arkansas complete dedication and
Shall be a valid and
delivery of the easements subject to the limitations set forth herein.
The lands contained in the Subdivision Plat, and any interest therein, shall be held,
owned, and conveyed subject to and in conformity with the following covenants.
.��%i L L% t I i I l f " ,
11SV7Ad
e
=z �+
i�
1. Use off. The land herein platted shall be held owned and used only for single-family
residential purposes. Each lot shall contain one single-family dwelling and up to one
approved accessory structure as provided for by this Bill of Assurance. The single-family
dwelling and any accessory structure shall be "stick built" from materials assembled on
site and no mobile homes or prefabricated structures shall be allowed.
2. Architectural Control. The Declarant or its appointed representative shall sit as the
Architectural Control Committee for the Property and shall have the right to approve or
disapprove all plans for any improvements to be constructed or maintained on any lot as
set forth below. No improvement shall be constructed or maintained on any lot and no
alteration or repairing to the exterior of a structure shall bemade unless prior approval is
obtained from the Declarant as set forth below.
a. Architectural Control Committee &Duties. The Declarant may, in its discretion, appoint
an Approving Agent who shall be responsible for acting in place and stead of the
Declarant with respect to all architectural control duties and responsibilities of the
Declarant under this Bill of Assurance. The Declarant or approving agent shall approve
or disapprove all plans and requests within as provided within this Bill of Assurance.
b• PrelimmarLconsultation is Encoura ed. In order to facilitate approval and to avoid
misunderstandings and duplication, applicants are encouraged to submit preliminary
plans and specifications to the Declarant for consultation and study prior to the
subnilssion of final plans and specifications.
C. Plans and S ecifcati . Two complete sets of final building plans and specifications for
any structure, including, but not limited to, any building, fence, coping, w
structure(s) to be erected on any lot shah all, or other
be submitted to the Declarant for written
approval before any construction may begin. Until further notice by Declarant, all such
Plans shall be submitted to Declarant at 29 Stoneledge Drive_, Ivlau Included in such plans shall be: melle, AR 72I13.
1. Location and plans for building pads to ensure adequate views and privacy within the
subdivision.
ii. Plat plans showing location of structure(s) on the Lot and measured distances to the
structure from front, back and side lot lines.
1v
v
Exterior elevation drawings of all sides of the building(s).
Detailed floor plan including total square footage of heated and cooled space.
Exterior type of materials and color scheme
-2-
vi. Description of roof treatment- and,
vii. Location and plans for garage and driveway.
d. Chan es After A PrOval. Any changes, remodeling, reconstruction, alternat
additions to any building or other structure(s), including fencing and walls, on any Lot
ions or
shall also be subject to the prior approval in writing by the Declarant.
e �. The applicant shall stake the location of buildings or improvements on the
Prior to such approval. site
f Evidence of A roval. Approval of any plans and specifications shall be evidenced b
the written endorsement of the Declarant or approving agent made on said plans and
specifications, and a copy thereof shall be delivered by the Declarant to the applicant, or
to his agent or representative, prior to the commencement of construction- One set of said
Plans and specifications shall be retained by the Declarant.
S Disa royal of Plans. The Declarant shall have the right to disapprove any plans and
specifications submitted to it for any one or more of the following reasons:
i. If the plans and specifications are not in sufficient detail or are incomplete;
ii, If, in the opinion of the Declarant, the architectural design of the proposed building or
structure as shotivn by the plans and specifications, plat plans, or the location of any
structure, is not in harmony with the general surroundings, or with the building or
structures, or proposed building or structures, adjacent to the location at which said
Proposed building or structure is intended to be erected.
If the roof is of either a material or style different than that specified by the Declarant
roofing materials shall be of neutral color and non -reflective, except solar equipment; or
iv. If the playas and specifications are not in compliance with the provisions of this Bill of
Assurance.
h
Tirriiraof ADJoroval and Construction. The Declarant shall approve or disapprove such
Plans and specifications, and notify Owner of its decision 'within seven (7) days after
receipt thereof. The exterior construction of each residence, including the final color coat
or paint, shall begin promptly after approval of the plans and shall continue until fully
completed, with all such construction to be fully completed within one (1) year after
commencement of construction. No residence placed or erected on any lot shall be
occupied in any manner until made to comply with the approved plans, and all other
conditions and restrictions herein set forth.
-3-
i• Nan-Liabili I of Declarant. in reviewing plans and specifications, the Declarant shall
consider only aesthetic matters reflected therein, and shall not consider the structural
adequacy, advisability or safety of any matter contained therein. The Declarant shall not
be responsible for any defects in said plans or specifications or in any building or
structure erected according to such plans and specifications The Declarant shall not be
liable in damages to anyone so submitting plans for approval, or to any owner or owners
Of land covered by this instrument by reason of mistake in nonfeasance of itself, its agents or employees, arising out of or uConnection with the
judgment,
approval or disapproval, or failure to approve any such plate, ,qn
erson or entity
submitting plans to the Declarant for approval shall for himself, and his sum essa s an
such acts or omissions. d
assigns, by the submitting of such plans, waive all claims far damages resulting from any
3 Common Area. The areas designated on the PIat as Tract A and all improvements
thereon, including but not limited to, all walls, lighting, irrigation and landscaped areas
shall be maintained by the owners of the lots within the Subdivision, except for public
utility improvements which are maintained by such public utilities.
4. Hei t and T e of Residence. No residence shall be erected, altered, placed or
Permitted to remain on any lot in the Property other than one detached single-family
residence not to exceed 2 stories in height.
first floor ceiling height of _9_ feet. All roof pitches for residences will
be a ve a mum
of 8/12 pitch. All roofs shall have architectural shingles 25minimum).
minimum
All
exteriors shall be 100✓o brick, or front of residence and a minimurn of 3 —feet n each
side. Siding will be permitted 3 sides and above facia. "
5• Setback Re uirements. No residence shall be located on any lot nearer to the front lot
line or the side street than the minimum building setback lines shown on the Plat;
provided, such setback requirements may be modified if such modification is approved
by the Architectural Control Committee, the Little Rock Planning Co
Little Rack Board of Directors, mmission or the
or such other regulatory agency as may succeed to their
functions. No building shall be located nearer to an interior lot sideline than 8 feet. No
Principal dwelling shall be located on any lot nearer to the rear lot line than the set back
distance shown on the PIat. For the purpose of this covenant, steps and porches not under
roof shall not be considered as a part of the building.
6. Minirnum S uare Feet Area. No residence shall be constructed or permitted to remain on
any building site in the Property unless the finished heated and cooled living area,
exclusive of porches, patios, garages, bTeezeways, exterior stairways, and porte cocheres,
shall be equal to or exceed 1,250 square feet. Finished heated and cooled living area
shall be measured in a horizontal plane to the face of the outside wall on each level.
-4-
7. Fronta a of Residence of Streets. Any residence erected on any lot in the Property shall
front or present a good frontage on the streets designated in the Plat, and for this purpose
as applied to all inside lots, it shall mean that the residence shall front the street
designated, and on any corner lot it shall mean that the residence shall front or present a
good frontage on both of the streets designated in the Plat.
8. Commercial Structures. No building or structure of 2y ed
type may ever be placed, erect
or used for businesses, Professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business structure that may be placed on any
lot or portion of a lot that is used exclusively by a public utility company in connection
with the furnishing of public utility services to the Property.-- - ----- -- -
9. Noxious Activi • Nuisance. No noxious or offensive trade or activity shall be carried on
Upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or
cuttings, ashes or other refuse by thrown, placed or dumped upon any vacant lot, street,
road or common areas, nor an any site unless placed in a container suitable for garbage
Pickup; nor shall anything ever be done which may be or become an annoyance or a
nuisance to the neighborhood.
10. Oil and Mineral C erations. No oil drilling, oil development operating, oil refuting,
qu,rrYing 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.
11. CessP-001. No leaching cesspool or septic system shall ever be constructed or used on any
lot.
12. Existin Structure. No existing, erected building or structure
onto or placed on any lot. of any sore may be moved
13. Tem or Stmcture. No trailer, basement, tent, shack, garage, barn or other outbuilding
shall at any time be used for human habitation, temporarily or permanently.
14. Easements for public Utilities and Drama e. Easements for the installation
repair and replacement of utility , maintenance,
services, sewer and. drainage have heretofore been
donated and dedicated, said easements being of various widths, reference being hereby
made to the Plat filed herewith for a more specific description of width and location
thereof (Typically, all lots shall have a 10.0 foot wide utility easement at the street and a
10.0 foot wide rear yard utility easement, unless noted otherwise on the Plat). No trees,
shrubbery, incinerators, structures buildings, fences or similar improvements shall be
grown, built or maintained wil:hin the area of such utility or drainage easement. In the
event any trees, shrubbery, incinerators, structures, buildings, fences or similar
-5-
improvements shall be grown, built or- maintained within the area of such easement, no
person, firm or corporation engaged in supplying Public utility services shall be liable for
the destruction of same in the installation, maintenance, repair or replacement of any
Utility service locate within the area of such easement.
15_ Fences and Retainin Walls. 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. C
link or similar fences are in all events strictly prohibited in front of residencehain
. If chain
link is used, it's not to pass front sides of residence. It is not the intention of this
paragraph to exclude the use. of evergreens or other shrubbery to landscape the front yard.
Any fences installed shall be 6 ft. in height and will be allowed beyond the platted rear
and side yard setback. Wooden privacy or wrought iron fences as approved by the
Declarant as provided in paragraph I hereof shall be allowed.
16. Pro a Lines and Boundaries. Iron pins have been set on all lot comers and points of
curve and all lot dimensions shown on curves are chord distances, and all curve data as
shown on the Plat filed herewith is centerline curve data. In the event of minor
discrepancies between the dimensions or distances as shown on the plat and actual
dimensions and distances as disclosed by the established pins, the pins as set shall
control.
17. Drivewa Obstructions. No obstruction shall be placed in the street gutter. Curbs shall
be saw cut at driveways, and driveway grades lowered to meet the gutter line not more
than two inches above the gutter grade.
18. No Subdivision. No lot shall be subdivided.
19. Li ndsca in . Landscaping shall be installed within 120 days of the completion of
construction of the residence and shall include 100% sod on the front, rear, and side
yards.
20. Parking and Traffic. The Declarant shall have the power to promulgate reasonable rules,
regulations, or restrictions on the parking or traffic within the Property, including but not
Iimited to prohibiting parking on all or part of the streets.
21Ex to Enforce. The restrictions herein set forth shall rain with the land and shall bind
the present owner, its successors and assigns. All parties claiming by, through or under
and its successors
the present owner shall be taken to covenant wit the owner of the lots hereby restricted,
and assigns, to conform to and observe these restrictions. No
restriction herein shall be personally hinging upon any corporation, person or persons,
except with the respect to breaches committed during its, his, her or their term of holding
title to said land. Declarant, its successors and assigns, and also the owner or owners of
-6-
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 0
by
any owner or owners of any lot or lots in this rdinddi on to legal tobserve an of the reion for damages and s
trictions
al ens
herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of
the right to do so thereafter.
22. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed or
canceled, in whole or in part, by a written instrument signed and acknowledged by the
owner or owners of more then seventy-five percent (75%) in , area of the total land
contained within the Property. Each covenant in this instrument, unless Provided otherwise, shall remain in full force and effect unti ss expressly
l January 1, unle after which
time each covenant in this instrument shall be automatically extended for successive
periods of ten (10) years unless an instrument terminating the covenants signed by the
then owners of seventy-five percent (75%) of the lots on the Plat have been recorded
prior to the commencement of any ten-year period.
23. Attorne s Fees. In any legal or equitable proceeding for the enforcement or to restrain
the violation of this instrument or any provisions thereof, by reference or otherwise the
prevailing party or parties shall be entitled to attorney fees in such amounts as the court
fords reasonable. All remedies provided for herein, or at law or equity, shall
cumulative and not exclusive. be
24. Pets. Only dogs and cats will be allowed as indoorloutdoor pets. Any outdoor pets will
be confined to fenced areas. NO reptiles shall be allowed as pets. No animals, which are
determined by the City of Little Rock to be a nuisance or a threat to the health or safety
of the residents or guests of the Property, may be kept on the Property.
25. Severabilily. Invalidation of any restriction set forth herein or an art
order, judgment or decree of any court, or otherwise, shall not invalidate or eaaffec by any
the other restrictions or any part as set forth herein, but they shall remain in full force and
effect.
EXECUTED this 1 st day of January, 2007.
-7-
DECLARANT
JCS CONSTRUCTION, LLC,
an Arkansas limited liability company
BY: '
t%ie - P elf P
Manager
FieviC;:od c,;?j or i.rjc!. ,'.on �; r;i rim�rrn s ^,�rrL , re lui;c. � ty L§o 04 of Li w', i?��!s ?
Via Oi 1� . L' �f Z vizi C1
d�r2icFyr . • , F'C:'_.�, :� es w.�ii�� r� L j i�;i
r:r��cr�4cn7 cr
Line F?ac,`c Si:sx:flli$iEI i ,;,'�i xo�irg 0rdia=n=.
4C'f Lithe Roc!< PIanning Gorrmissicrz
-8-
AC1i NO,EDGMCNT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the �
undersigned officer day of2007, before me, j]p��
personally appeared O the
to be the Manager of ETC who acknowled himself
authorized sv to do, executed the foregoing LLC, and that he, as such Manager, being
signing the name of the limited liabilit>�ment for the purposes therein contained, by
y himself as Manager.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
r
MY COMI 41SSION EXPIRES; NOTARY PUBLIC
Dena K. CaihEan
y
County Of Pulas
NOtarr Public - Elrsas
My Commission Ex-p. 09/30/2013
10
EXWBIT A
LEGAL, DESCRIPTION
The North % of the North % of the No V
Township 1 Sou Northwest
/ of the Southwest'/ of Section 12,
th, Range 13 West, Pulaski County, Arkansas.
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME ROYAL OAKS SUBDIVISION
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and s. nt.
Engineering Specialist Date: 14" Lb
ADDRESSING SPECIALLSTIS REPORT
aver v' e 1 dfindAlLthp street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer Date:
Fox. bzL-L He -+my
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date: �P 1 %LI10.7
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requi ements for final plat approval have been satisfied.
Surveyor Date: -'!5r6 D Z O
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied. /
Date: % y / D-'
Design Review Engineer/Civil Engineering Manager
February 2007
ill
CIVIL DESIGN * INCORPOR.ATED
15104 CANTRELL ROAD
LITTLE ROCK, ARKANSAS
72223
May 7, 2007
Ms. Donna James
Subdivision Administrator
Little Rock Department of Planning & Development
723 West Markham Street
Little Rock, Arkansas 72201
Re: Royal Oaks Subdivision
Little Rock, Arkansas
Dear Donna:
Enclosed herewith are three (3) copies of the above referenced final plat. Please forward
copies as needed to the other review people for plat approval. Once any comments are
received from the City, we will return with a final submittal for signing with all of the other
required documents.
Respectfully submitted,
Civil Design, Inc.
James Dreher, E.I.
Staff Engineer
JHD/jd
■ ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 • FAX (501) 868-5099
City of Little Rock
Planning and Development
Filing Fees
Date: Jj i - - , 20 b `i
Annexation
Board of Adjustment
Cond. Use Permit/T.U_P_
Final Plat
r
Planned Unit Dev.
Preliminary Plat
`
Special Use Pet-rt-ifivl
w
Rezoning
Site Plans
Street Name Change
Street Nqme Signs.�
Nurnbeatq3 C.ea.
Public Hearing Signs
Number at ea.
Total
File No.
Location C,&W— w
Applicant Q,1.t —L 3