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HomeMy WebLinkAboutS-1544 Applicationviii. Location and plans for any boat dock and walkway. f. Changes After Approval. Any changes, remodeling, reconstruction, alternations or additions to any building or other structure, including fencing and walls, on any Tract shall also be subject to the prior approval in writing by the Declarant. g. Staking. The applicant shall stake the location of buildings or improvements on the site prior to such approval. h. Evidence of Approval. Approval of any plans and specifications shall be evidenced by 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. i. Disapproval 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 shown 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, or not in compliance with the No Rise Certificate; ill. If any building materials are of a style, color, or quality deemed inappropriate or substandard quality, as determined by the Declarant; or iv. If the plans and specifications are not in compliance with the provisions of this Bill of Assurance. j. Timing of Construction. The exterior construction of each residence, shall begin within thirty-six (36) months after approval of the plans and shall continue until fully completed. No residence placed or erected on any tract shall be occupied in any manner until made to comply with the approved plans, and all other conditions and restrictions herein set forth. k. Nan -Liability 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 10 11. Proposed ❑pen Spaces Strips of land inside proposed subdivision along rears of lots. Areas to be used for detention as required. 12. Water Supply Central Arkansas Water (CAW) 13. Wastewater Disposal Little Rock Wastewater Utility (LRWU) 14. Request for Variances and/or Waivers None at this time r DECLARATION OF RESTRICTIVE COVENANTS FOR This Declaration is made this day of _ , 2006 and affects of the Addition to Pulaski County, Arkansas ("Subdivision") as per its Final Plat filed in Book at Pages _ to in the records of the Circuit Clerk and Ex-Offico Recorder of Pulaski County, Arkansas (the "Subdivision Plat"). RECITALS WHEREAS, the undersigned (the "Declarant") are the owners of all of the real property described on the attached Exhibit "A", as shown on the Subdivision Plat (collectively, the "Property"); WHEREAS, Declarant reserves the right to cause to be incorporated the Two Rivers Harbor Property Owners Association, Inc. for the purpose of administering the maintenance of all common areas within the Property; and WHEREAS, all of the Property, as shown on the Subdivision Plat, has been subdivided into building tracts, tracts, and streets and that the Property shall be held, owned, and conveyed subject to the restrictive covenants in this Declaration for the purpose of enhancing the value of the Property by creating a common scheme of development and the associated restrictions 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 also hereby dedicates and donates to Pulaski County, Arkansas and to the City of Little Rock, Pulaski County, Arkansas the utility easements and utility rights -of -way on, over, and under the utility easements shown on the Subdivision Plat, along with the right of ingress and egress therefrom for the purpose of installing, maintaining, repairing, or replacing of utility services of any kind, including, but not limited to electricity, telephone, cable television, sewer, and water. The filing of this Declaration for record in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas shall be a valid and complete dedication and delivery of utility easements subject to the limitations set forth herein. The streets and the boardwalk -1- easements shown on the Plat shall be private and the filing of the Plat or this Declaration shall not be a dedication to the public of the streets or boardwalk. 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. 1. Recitals. The foregoing recitals are incorporated by reference in this Paragraph 1 as if set forth herein word for word. 2. Use of Land. The land herein platted shall be held owned and used only for single family residential purposes. Each tract shall contain one single family dwelling which is approved as provided for by this Bill of Assurance. The single family dwelling shall be "stick built" from materials assembled on site and no mobile homes or prefabricated structures shall be allowed. Each tract may contain one boat dock which is approved as provided for by this Bill of Assurance and otherwise conforms to all applicable local, state, and federal laws or regulations. Each tract owner shall bear the cost of connecting any boat dock to the boardwalk on the Property, including any removal and replacement of the railing on the boardwalk. 3. No Rise Certificate. The Property is located within the floodway for the Arkansas River and parts of the property are subject to the flowage easement for the Arkansas River in favor of the United States of America. As such, each Tract within the Property is subject to all restrictions associated with the floodway and flowage easements. Declarant has obtained a No Rise certificate for the Property showing that the Subdivision has no adverse impact on the base flood level for the Arkansas River. This No Rise analysis is based on each single family residence being located at a specific location on each tract, the height of the first floor of the single family residence being above the height of the 100 year flood. All improvements constructed on, and the use of each Tract, shall be in compliance with the No Rise certificate, which is incorporated by this reference. Each tract owner shall be responsible for any other permits related to any use of any Tract, including any permits from Pulaski County, Arkansas. 4. Architectural Control. The Declarant 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 tract as set forth below. No improvement shall be constructed or maintained on any tract and no alteration or repairing to the exterior of a structure shall be made unless prior approval is obtained from the Declarant as set forth below. a. Architectural Control Committee & Duties. The Declarant may appoint a representative as 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 -2- k r Declarant under this Bill of Assurance. The Declarant or Approving Agent shall approve or disapprove all plans and requests as provided within this Bill of Assurance. b. Voting and Approval of Plans. If the Declarant transfers its architectural control powers to the Association, a majority vote of the Committee, if there is no approving agent, is required for approval or disapproval of proposed improvements. Otherwise, the decision of the Declarant or its agent shall be binding on all applicants. C. Fees. The Declarant may from time to time establish a reasonable fee for the services rendered in conjunction with the review and approval of all plans. The initial fee is hereby set at $200 and shall be paid by the applicant to the Declarant in advance by the applicant and submitted with the plans. d. Preliminary Consultation is Encouraged. 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 submission of final plans and specifications. Piaris and Specifications. Two complete sets of final building plans and specifications for any structure, including, but not limited to, any building, fence, coping, wall, or other structure(s) to be erected on any tract shall 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 1020 West Third Street, Little Rock, AR 72201. Included in such plans shall be: i. Plans showing that the location, size, foundation, garage, driveway, and height of the first floor of the structure comply with the No Rise Certificate issued for Two Rivers Harbor and all restrictions of the floodway, flood plain, and flowage easements for the Arkansas River; ii. Plat plans showing location of structure on the Tract and measured distances to the structure from front, back and side tract lines; iii. Exterior elevation drawings of all sides of the building and showing the height of the first floor is above the height of the 100 year flood for the Property; iv. Detailed floor plan including total square footage of heated and cooled space; V. Roof pitch and type and color of roofing material; vi. Exterior type of materials and color scheme; vii. Location and plans for garage and driveway; and -3- i 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 judgment, negligence or nonfeasance of itself, its agents or employees, arising out of or in connection with the approval or disapproval, or failure to approve any such plans. Any person or entity submitting plans to the Declarant for approval shall for himself, and his successors and assigns, by the submitting of such plans, waive all claims for damages resulting from any such acts or omissions. 1. Modification to No Rise Certificate. Should any tract owner within the Property desire to make any use of, or construct any improvement on, their Tract which will necessitate a modification of the No Rise certificate for the Property, Declarant shall have the right to reject plans for any such use or improvement, to the extent it requires a modification of the No Rise certificate. If Declarant elects to approve such plans, the Declarant's approval shall be contingent on the tract owner obtaining at tract owner's expense a modified No Rise certificate for the Property showing that there is no adverse impact from the proposed use or improvement. The modified No Rise certificate shall be obtained from an engineer licensed by the State of Arkansas of the Declarant's choosing. 5. Common Area. The boardwalk, the streets, all common walls, lighting, irrigation and landscaped areas at the entrance of the Property, including but not limited to any areas designated on the Plat as open space or labeled "Common Property" or "Common Area" and all improvements thereon shall be maintained by the Declarant, except for public utility improvements which are maintained by such public utilities. 6. Delegation of Authority. Declarant may cause the formation of a non profit corporation to act as a property owner's association for the Property ("Association"). Declarant shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to the Association all authority, rights, privileges and duties reserved by Declarant in this Bill of Assurance. 7. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner of a tract within the Property shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Declarant for the purpose of promoting the recreation, health, safety and welfare of the owners within the Property, in particular for the acquisition, servicing, improvement and maintenance of common areas, which amount together with interest, costs and collection and a reasonable attorney's fee, shall be a continuing lien upon the tract. The initial annual assessment fee shall be as provided for by the By -Laws of the River Harbor Property Owners Association, Inc., and shall be payable to the Association at January 1 of each year, with the first payment due _ , provided, however, that any tract sale from Declarant to a buyer during -5- any year shall be pro -rated from the date of the closing of the purchase. The assessments, together with interest, costs and reasonable attorney's fees, and any fines imposed by this Bill of Assurance or the By-laws or Rules or Regulations established by the Association, shall be a charge on the land and shall be a continuing lien upon the tract against which each such assessment is made or such fine imposed. Each such assessment or fine, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such tract at the time when the violation occurred. The Association may change the annual assessment, from time to time, as it sees fit pursuant to any reasonable procedures established by the By -Laws of the Association. The Declarant shall not be required to pay any dues, assessments or fees on any Tract owned by Declarant on which a residence is not under construction. 8. Assessment for Wastewater Treatment. By the connection to or use of the wastewater treatment facility planned for Tract 9 of the Property, each owner of a tract within the Property shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Declarant for the purpose of the construction, acquisition, operation and maintenance of the wastewater treatment facility and related improvements, which amount together with interest, costs and collection and a reasonable attorney's fee, shall be a continuing lien upon the tract ("Wastewater Assessment"). The initial "Wastewater Assessment" shall be as provided for by the By -Laws of the River Harbor Property Owners Association, Inc., or any subsequent Resolution of the Association and shall be payable to the Association as provided for in the By -Laws or Resolution of the Association. The Association may, from time to time as provided for in its By -Laws or by Resolution, change the amount of the Wastewater Assessment or the basis for calculating the same. The Wastewater Assessment, together with interest, costs and reasonable attorneys fees, and any fines imposed by this Bill of Assurance or the By-laws or Rules or Regulations established by the Association, shall be a charge on the land and shall be a continuing lien upon the tract against which each such assessment is made or such fine imposed. Each such assessment or fine, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such tract at the time when the violation occurred. The Association may change the Wastewater Assessment, from time to time, as it sees fit pursuant to any reasonable procedures established by the By -Laws of the Association. 9. Delinquent Assessments' Foreclosure of Liens; Subordination of Assessments. All delinquent assessments of any kind shall bear interested at the lesser of ten percent (10%) or the maximum rate allowed by Arkansas law. If any assessments of any kind are not paid when due, then the Declarant may declare the entire assessment due and payable and may foreclose the lien against the Tract, bring an action at law against the owners of the Tract, or both, which actions shall be cumulative and neither shall preclude the other. All liens created herein or retained for unpaid assessments, charges, special assessments, or Wastewater Assessments shall be inferior and subordinate to valid and bona fide 191 mortgages, deeds of trust, or vendor's liens securing obligations of the owners of any Tracts up to the time of sale at foreclosure of any such mortgage, deed of trust, or vendor's lien. 10. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any tract in the Property other than one detached single-family residence not to exceed three and one-half stories in height. 11. Setback Requirements. No residence shall be located on any tract nearer to any tract line than the minimum building setback lines shown on the Plat or, if no setback line is shown on the Plat, then the setbacks provided for by the City of Little Rock for property zoned R-2, provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the City of Little Rock, and Pulaski County, or such other regulatory agency as may succeed to their functions. 12. Minimum Square 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, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to or exceed three thousand (3,000) 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. Each residence shall have an enclosed garage for at least two (2) cars. 13. Commercial Structures. No building or structure of any type may ever be placed, erected or used for businesses, professional, trade or commercial purposes on any portion of any tract. This prohibition shall not apply to any business structure that may be placed on any tract or portion of a tract that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Property. 14. Noxious Activity: Nuisance. No noxious or offensive trade or activity shall be carried on upon any tract, 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 tract, street, road or common areas, nor on 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. Automobiles shall only be parked on a tract in the garage or on a paved driveway or parking space. Any trailers, boats, recreational vehicles, all - terrain vehicles or other vehicles may be parked on a paved driveway or parking space on any tract provided they are fully enclosed by a fence and fully screened from the street. No vehicle shall be parked or left in the street overnight. 15. Oil and Mineral Operations. No oil drilling, oil development 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 -7- 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. 16. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any tract. 17. TemporM Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding shall at any time be used for human habitation, temporarily or permanently. 18. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility 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. No trees, shrubbery, incinerators, structures buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar 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. 19. Easements for Boardwalk. Easements for the installation, maintenance, repair and replacement of the boardwalk along the Arkansas River 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. No trees, shrubbery, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such boardwalk easement. In the event any trees, shrubbery, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in maintaining or repairing the boardwalk shall be liable for the destruction of same in the installation, maintenance, repair or replacement of the boardwalk within the area of such easement. 20. Fences and Retaining 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 or side tract line than the building setback line applicable and in effect as to each tract. Chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances. It is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fences up to 6 ft. in height will be allowed beyond the platted rear yard setback. Wooden privacy or wrought iron fences will be permitted. Fencing of any type must be approved by the Declarant as provided in paragraph 1 hereof. The facade of all retaining walls shall be constructed of 100% brick, rock or stucco material. In l � � 2 L Property Lines and Boundaries. Iron pins have been set on all tract corners and points of curve and all tract 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. 22. Driveway 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. 23. Subdivision. No tract shall be subdivided or replatted to reduce the area of the tract, except for Tract 5 which the Declarant may subdivide or replat to reduce its area at the Declarant's sole discretion. 24. Landscaping. Landscaping shall be installed within 120 days of the completion of construction of the residence. 25. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant wit the owner of the tracts hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binging 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 any of the tracts 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 by any owner or owners of any tract or tracts in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. 26. 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 at least five (5) Tracts within the Property, excluding Tracts 8 and 9. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 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 five (5) Tracts on the Plat, excluding Tracts 8 and 9, have been recorded prior to the commencement of any ten-year period. 27. Attorneys. 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 finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 28. Pets. Only dogs and cats will be allowed as outdoor pets. Any outdoor pets will be confined to fenced areas. 29_ Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part as set forth herein, but they shall remain in full force and effect. EXECUTED this day of DECLARANT This Instrument Prepared By: Andrew V. Francis, Esq. ANDREW V. FRANCIS, P.A. 2311 Biscayne Drive, Suite 205 Little Rock, Arkansas 72227 -10- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the day of , 2006, before me, the undersigned officer, personally appeared , who acknowledged himself to be the ., an Arkansas corporation, and that he, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company, by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MY COI\iMSSION EXPIRES: -11- NOTARY PUBLIC Legal Description EXHIBIT A -12- FROM : PLANNING FAX NO. : 34eB274 Oct. 02 2006 12:29PM P5 City of Little Rock Department of Planning and Qevelooment Planning 723 N08t varkham Street Zoning and Littlo Pock, Arkansas 72201-133d Phone: (507) 371-4790 Fax. (501) 399-3435 or 371-6663 Subdivision DATE: September 18, 2006 i +t ❑ ENTERGY (2) NAME: Ventana Midge Preliminaryplat Q ARKLA ❑ Southwestem Bell Telephone (2) TYPE OF ISSUE: Preliminary Plat — Single-family ❑ Central Arkansas Water O Little Rock Wastewater I FILE DUMBER: 5-1544 R! Pulaski County Platming G Little Rock Fire Department LOCATION: Lawson Road, West of David O Dodd 0 Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department — 0 Planning and Development — Site PIan Review Ti Planning and Development Graphics n CATA TO VMO 1T MAY CONCERN: On Qober 26. 200fi the Little Rock Planning Commission will consider the above referenced issue: -NOTE: The Interdepartmental Mccting at which this issue will be discussed will be held on $ tem r 29. 206. NOTE: Tice Subdivision Committee Meeting at which this issue «ill be discussed will be held on QCbtler I-t 2006. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and'or recommendations will be appreciated. irGcrely Do mcs, AICP Subdivision Administrator (Please respond below and return; this letter with your comments for our records) Approved as Submitted. Pl.TASE RLTUJ(LN COMMENTS BY QctQhg, 29If6 Cascaxeut (5) ragttired (See attached plan or description.) TO nll ulilitles: if wn ¢asemenr is requasted wit Ps It & in excess of 10 feet in width, provide jusdfleallon for the eaxem"t or the reg+resr will not be lnclu+leel in the Phuining Commission agenda Comments: I By r Enclosure FROM : PLANNING FAX NO. : 34019274 Oct. 02 20f;r, 12:29PM P6 A PULASKI COUNTY PLANNING & DEVELOPMENT COMMENTS Ventauit at— 4 1, Submit petition for anamdon to Pulaski County Court prior to October 26, 2006. 2. Submit preliminary street profiles and cross sections to Pulaski County Planning & Development prior to construction. 3. Submit stonnwater drainage plan to Pulaski County 111a:anwgy & Development prior to comstructian. 4. Submit Bill of Assurance. 5. Provide verification of fire depar nieni coverage. 6_ Submit means of water and sewer supply prior to construction. 7. Submit an improved entrance design to a(:commodate the traffic on Lawson Road. S. The streets are proposed for public dedication. Pulaski County will inspect. these streets during construction.for conformance to Pulaski County standards. The streets mast meet the standards of Pulaski County or better. City of Little Rock Department of Planning and.Devel6pment Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision DATE: September 18, 2006 ❑ ENTERGY (2) ❑ ARKLA ❑ Southwestern Bell Telephone (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning U/ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department NAME: Ventana Ridge Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-1544 LOCATION: Lawson Road, West of David O Dodd ❑ Planning and Development — Site Plan Review ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On October 26, 2006 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on September 29, 2006. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 5, 2006. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. ncerely, Dort mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY October 2, 2006. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments- tFkCity of Little Rock _ Department of Planning and DeveldpMent' 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 DATE: September 18, 2006 IA ENTERGY (2) ARKLA Southwestern Bell Telephone (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) Planning Zoning and Subdivision NAME: Ventana Ridge Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-1544 LOCATION: Lawson Road, West of David O Dodd Parks and Recreation Department Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On October 26 2006 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on September 29, 2006. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 5, 2006. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. I cerely Don mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. I PLEASE RETURN COMMENTS BY October 2, 2006. Easement (s) required (See attached plat or description.) J *To all utilities: If an easement is requested which is in excess of I0 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: City of Little Rock 1 Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND TO: Southwest Little Rock United for Progress ATTENTION: Ms. Sharon Stark ADDRESS: 5304 Park Village _ m Little Rock, AR 72209 Planning Zoning and Subdivision REQUEST: _ Ventana Ridge Preliminary Plat (S-1544), a request to subdivide 212 acres into 161 single-family residential lots with an average lot size of 1.0 acres. GENERAL LOCATION OR ADDRESS: located on the South side of Lawson Road in the 15000 Block of Lawson Road. OWNED BY/APPLICANT: Em rise LLC. NOTICE IS HEREBY GIVEN THAT an application for a Preliminary Plat of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on October 26, 2006 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision DATE: September 18, 2006 ❑ ENTERGY (2) ❑ ARKLA ❑ Southwestern Bell Telephone (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning ❑ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department NAME: Ventana Ridge Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-1544 LOCATION: Lawson Road, West of David O Dodd ❑ Planning and Development — Site Plan Review ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On October 26, 2006 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on September 29, 2006. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 5, 2006. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. ncerely Don mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY October 2, 2006. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of lO feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure City of Little Rock , Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334ta Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND TO: Crystal Valley Neighborhood Association ATTENTION: Mr. 01 ey Rooker ADDRESS: 7715 Woodforest Little Rock, AR 72210 REQUEST: Ventana_Ridge Preliminary Plat (S-1544), a request to subdivide 212 acres into 161 single-family residential lots with an average lot size of 1.0 acres. GENERAL LOCATION OR ADDRESS: located on the South side of Lawson Road in the 15000 Block of Lawson Road. OWNED BY/APPLICANT: Em rise. LLC. NOTICE IS HEREBY GIVEN THAT an application for a Preliminary Plat of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on October 26, 2006 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development FX.J— SCP!0 t-t[ er 20, 2006 ( r CIVIL DESIGN • INCORPORATED 15104 CANTRELL ROAD LITTLE ROCK, ARKANSAS 72223 September 18, 2006 Ms. Donna James Little Rock Department of Planning and Development 723 W. Markham Street Little Rock, Arkansas 72201 Re: Preliminary Plat Submittal Ventana Ridge Subdivision Dear Donna: Submitted herewith are eighteen (18) copies of the preliminary plat and a preliminary plat application for the above referenced subdivision. The purpose of this submittal is to subdivide a 212 acre tract of residential zoned property into one hundred sixty one (161) single-family residential lots with 2 Commercial zoned road frontage tracts. Water and wastewater services will be provided by Central Arkansas Water and Little Rock Wastewater Utility, respectively. Approval is requested pursuant to Arkansas Law on City Planning, Act 186 of 1957, Acts of Arkansas, and section 36 of the Little Rock Code of Ordinances. If you have any questions concerning this submittal, please do not hesitate to call. Respectfully submitted, CIVIL DESIGN, INCp. James Dreher, E.I. Staff Engineer JHD/jd 0 ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 a FAX (501) 868-5099 INFORMATION SHEET FOR SUBDIVISION, PZD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO. ✓ ��4�k FILE NO. NAME: Ventana Ridge LOCATION: Lawson Road, West of David 0 ❑odd DEVELOPER: Emprise, LLC STREET ADDRESS 1 Sunset Lake Drive CITY/STATE/ZIP Little Rock Arkansas 72210 TELEPHONE NO. 501 758-7443 DATE September 18 2006 ENGINEER: Civil Desi n Inc. STREET ADDRESS 15104 Cantrell Road CITY/STATE/ZIP Little Rock, Arkansas 72223 TELEPHONE NO. (501) 868-7717 _ AREA 212 AC FT. NEW STREET 17700 ZONING R PLANNING DISTRICT VARIANCES REQUESTED NUMBER OF LOTS 161 PROPOSED USES R CENSUS TRACT Septmeber 18, 2006 APPLICATION FORM City of Little Rock Planning Commission 1. Name of Subdivision Ventana Ridge 2, Type of Subdivision Single Family Residential 3. Name & Address of Owner of Record Shoemaker Trust 4629 Free Ferry Road Fort Smith, Arkansas 72903 4. Deed Instrument Number 5. Subdivider Name & Address Emprise, LLC 1 Sunset Lake Drive Little Rock, Arkansas 72203 6. Linear Feet of Streets 17700 LF 7. Average/Minimum Lot Sizes Average Size: 208'x208' (1 Ac) Minimum Size: 120'x120' (0.3 Ac) 8. Number of Lots 161 Single Family lots 9. Tract Location/Legal Description Refer to Preliminary Plat Drawing Acreage: Approximately 212 Acres 10. Existing and Proposed Covenants None Previously Recorded Proposed Bill of Assurance Attached NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO SUBDIVIDE PROPERTY To ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location: South Side of Lawson Road $/ mile West of David O'Dodd Road Owned by: Shoemaker Trust Number of proposed lots: 161 Proposed use of property: Single -Family Residential NOTICE IS HEREBY GIVEN THAT an application for 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 Planning Commission on October 26 , 2006 , at 4:00 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street. 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 the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., 371-4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby 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 is to be held by the Little Rock Planning Commission at the time and place described above. Applicant (Owner or Authorized Agent) (N e) /v G (Date) Certificate of Abstraction I have reviewed Pulaski County regarding the property surrounding the subject parcel. Based on my physical observation and review of the records, I find the following parcels are adjacent to subject property. Parcel Nos. Names/Address 44R-019-00-053-00 Koban Family LLC 5239 Brooklyn Avenue NE Seattle, WA 98105 44R-020-00-061-00 C M Webster 14125 Lawson Road Little Rock, Arkansas 72210-2618 44R-020-00-062-00 Gary Wilson Brown 14220 Lawson Road Little Rock, Arkansas 72210 44R-020-00-063-00 Scott Trust Attn: John Shewmaker 5501 Duncan Road, Apartment 211 Fort Smith, Arkansas 72903 44R-020-00-065-00 Roy B. Howell 14119 Lawson Road Little Rock, Arkansas 72210-5003 44R-020-00-064-00 E. Marie Bryant, ETAL 3900 Rocky Lane Little Rock, Arkansas 72210 44R-020-00-066-03 Bill & Chloe Ann Brucks 3500 Irwin Road Little Rock, Arkansas 72218 44R-020-00-066-01 Geneva N. Davis 14105 Lawson Road Little Rock, Arkansas 72210-2618 44R-020-00-066-02 Ted & Elaine Brucks 14109 Lawson Road Little Rock, Arkansas 72210-2618 44R-020-00-066-05 Ted & Elaine Brucks 14109 Lawson Road Little Rock, Arkansas 72210-2618 Parcel Nos. NameslAddress 44R-020-00-059-00 The Arkansas Conf. Assn. Of Seventh D.A. 14017 Lawson Road Little Rock, Arkansas 72210 44R-020-00-066-04 Jamie C. Bussa 14009 Lawson Road Little Rock, Arkansas 72210 44R-020-00-060-00 Thos E. Calvert 16601 Lawson Road Little Rock, Arkansas 72210-2021 44R-020-00-071-00 Donald & Donna Long 13821 Lawson Road Little Rock, Arkansas 72210 44R-020-00-072-00 Daniel Chisholm Jr. 13811 Lawson Road Little Rock, Arkansas 72210.2612 44R-020-00-056-01 Michael & Nancy Roman 14029 Meadow Creek Farm Road Little Rock, Arkansas 72210 44R-020-00-056-00 Meadow Creek Farm, Inc. 14025 Meadow Creek Farms Road Little Rock, Arkansas 72210 44R-020-00-054-00 Jon P. Nichol 14010 Lawson Road Little Rock, Arkansas 72210-5003 44R-030-00-002-00 Real Estate Properties P.O. Box 3507 Little Rock, Arkansas 72203-3507 44R-030-56-025-00 Robert & Luann Dwinell #1 Bell Meadow Lane Little Rock, Arkansas 72210-3715 44R-030-56-026-00 Luther & Beverly Champion 1885 Lenore Drive North Tacoma, Washington ON 98406-1919 44R-030-00-003-00 Daniel & Josephine Drew 410 West 3`d, Suite 21 aC Little Rock, Arkansas 72201 Parcel Nos. 44R-029-00-008-00 44R-020-00-092-00 J es Dreher Names/Address Cooper Land Development, Inc. 903 North 47"' Street Rogers, Arkansas 72756 Todd & Gina Smith 202 Thayer Street Little Rock, Arkansas 72205 Date J r CIVIL DESIGN • INCORPORATED 15104 CANTRELL ROAD LITTLE ROCK, ARKANSAS 72223 October 11, 2006 Ms. Donna James Little Rock Department of Planning and Development 723 W. Markham Street Little Rock, Arkansas 72201 Re: Revised Preliminary Plat Submittal Ventana Ridge Subdivision Dear Donna: Enclosed herewith are four (4) copies of the revised preliminary plat for the above referenced project. The following are our responses to the comments received at the subdivision committee meeting: Planning Staff: 1. Neighborhood notification — Proof of notification is provided herewith. 2. Street Dimensions — Added to plat. Widths are in accordance with the Master Street Plan. 3. Source of title — Added to plat. 4. Setbacks — Added to plat. Setbacks are in accordance with the ordinance. 5. Commercial lots — Acknowledged. 6. Wastewater disposal — Property has begun the process to pursue annexation to the City of Little Rock. An agreement has also been formed to still connect to the Little Rock Wastewater System even if the annexation is not successful. Public Works Conditions: 1. Lawson Road Dedication — Acknowledged. 2. Street grades — All streets will comply with the requirements of the Master Street Plan. A letter to this effect is enclosed herewith. 3. Overall Drawing — Overall drawing is enclosed. 4. Driveways — This is also address in the enclosed letter. All work will be done in accordance with all ordinances and rules with no variances expected. 5. Scale — Scale corrected. 6. Letter of pending development — Acknowledged. 7. Sidewalks — All construction including placement of sidewalks will be in compliance with the ordinances and the Master Street Plan. 8. Vicinity Map — Added to plat. 9. Desert Cove and Arizona Drive Intersection — Revised as requested. 10. Streets — As previously stated, all work will be done in accordance with the Master Street Plan. 11. Cul-de-sacs — Added as requested. 12. Grading Permit —Acknowledged. 13. Storm Water — Approximate locations are added. Exact locations and calculations to be submitted prior to any clearing or construction. 14. NPDES —Acknowledged. 15. Lawson Road —Acknowledged. 0 ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 - FAX (501) 868-5099 October 11, 2006 Ms. Donna James Page Two Utilities and Fire Department/County Planning: Wastewater: Property intends to annex to the City of Little Rock. If this effort fails, the project will work an agreement to still be able to connect to the Little Rock Wastewater System. CAW: Acknowledged. Fire Department: Acknowledged. County Planning: 1. Annexation Petition — Acknowledged. Petition is submitted under separate cover. 2. Street Improvements —Acknowledged. 3. Drainage Improvements —Acknowledged. 4. Bill of Assurance — A copy was submitted with the original application, an additional application is enclosed for your review. 5. Fire Department — Acknowledged. Will be submitted under separate cover. 6. Water and Sewer — On plat and discussed above. 7. Lawson Road — See comments above. Street will be widened in compliance with the Master Street Plan requirements. 8. Inspection — Acknowledged. We hope this address all outstanding issues for this project and if you have any additional questions or comments, please do not hesitate to call. Sincerely, CIVIL DESIGN, INC. 'J James Dreher, E.I. Staff Engineer JHD/jd cc: Emprise LLC, Developer Andy Francis, Project Attorney File m,i CIVIL DESIGN • INCORPORATED 15104 C ANTRELL ROAD LITTLE ROCK, ARKANSAS 72223 October 11, 2005 Mr. Vince Floriani Department of Public Works City of Little Rock 701 West Markham Little Rock, Arkansas 72201 Re: Ventana Ridge Subdivision Little Rock, Arkansas Dear Vince: This letter is to certify that all construction at the above referenced project will be done in accordance with the requirements of the Master Street Plan of the City of Little Rock. Also it is further certified that the final design for the project will also be in accordance with the requirements of the State of Arkansas as presented in the 2004 edition of the AASHTO Green Book. Respectfully submitted, CIVIL DESIGN, INC. �c= PU— William L. Dean, P.E. Project Engineer WLD/jd As PAOPE SIONAL ENGINEER No.4418 oil ■ ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 o FAX (501) 868-5099 City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 October 30, 2006 Mr. James Dreher Civil Design Engineers 15104 Cantrell Road Little Rock, AR 72223 Planning Zoning and Subdivision Re: Ventana Ridge Preliminary Plat (S-1544), located on Lawson Road West of David O Dodd Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on October 26, 2006: X Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to Meeting. Other: Please submit three copies of the approved possible so that your file may be closed out. not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator preliminary plat to me as soon as If you have any questions please do -i T T s � � 7006 UIUU uuul brrO OuDn 7006 0100 DUUI eeeb Obzlu 7006 oloo 0001 6778 2322 7006 01oo 0001 6776 8623 7n06 oloo 0001 6776 8616 y my m i .OJ m o � �m G' n nm vm m m Cp .. r ■ v) 7006 0100 0001 6776 8647 7006 0100 0001 6776 8654 1 T� m a. v a� -36 O N .mom.❑ .m�..b m { CD N c� nm cb a am m H O �7 r 7 19G j� CP G p O � i r` , - 7006 0100 5 0001 a 6776 9040 my�° F am C MOP r a i 7006 0100 0001 6778 2247 Oki , O N m Q� n v � r- a ►� yy/y N q m m m • f � �1 Q 1. 1. 7006 0100 0001 6778 2223 7006 0100 0001 6778 22 92 7006 0100 0001 6778 2278 7006 0100 0001 6778 2261 7006 0100 0001 6778 2254 m n� n 0 v N 4 f T m YIg 7J C�°i PT'I ,nCD 7006 0100 0001 6778 2315 c m m rrn � m �J CD CD N L7i W m A m • t T CA 7006 0100 0001 6778 2308 City of Little Rock Planning and Development Filing Fees Date: , �D Annexation Board of Adjustment Cond. 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