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HomeMy WebLinkAbout2003-01-27 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,January 27,2003 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville,Arkansas. Roll Call The following items will be considered: Consent Agenda: Approval of minutes from the January 13,2002 meeting New Business. 1. VAC 03-2.00: Vacation (U of A(Harmon),pp 483)was submitted by Gary Coover of McClelland Consulting Engineers on behalf of James Ezell of University of Arkansas for property north of Fairview Street on Harmon Avenue and alleys west of Harmon Avenue. The property is zoned R-3,High Density Residential and contains approximately 0.48 acres. The request is to vacate Harmon Avenue between Fairview Street&William Street and the alleys west of Harmon Avenue. 2. LSP 03-4.00: Lot Split(Zakariadze,pp 439)was submitted by Ira Zakariadze for property located at 944&946 N. Meadowlands Drive. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.43 acres. The request is to split into two tracts of 0.20 acres and 0.23 acres. 3. LSD 03-3.00: Large Scale Development(Rasberry,366)was submitted by Dave Jorgensen of Jorgensen&Associates on behalf of Henry Jordan for property located east of Leverett at the north end. The property is zoned R-2,Medium Density Residential and contains approximately 1.18 acres with a 24 unit apartment proposed. 4. LSD 03-1.00: Large Scale Development(Sloan,pp 399)was submitted by NorthStar Engineering Consultants Inc. on behalf of Charlie Sloan for property owned by Westridge Freewill Baptist Church and located at 4596 Wedington Drive. The property is zoned R-1.5,Moderate Density Residential and contains approximately 2.36 acres with 6 lots proposed. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required.For further information or to request an interpreter,please call Hugh Earnest at 575-8330. K.UIGENDAIP02003 1-27-03.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C.- _ Public Comment D. Response by Applicant/Questions&Answer with Commission E. Action of Planning Commission (Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. 2002 Planning Commissioners: Lorel Aviles - Chairman Bob Estes -Vice Chairman Lee Ward - Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford Alan Ostner VAC 03-02.00 Page I PC Meeting of January 27,2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS - Harmon Street Vacation 113 W. Mountain St. Fayettevi le,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: January 23,2003 Project: VAC 03-2.00: Vacation (U of A(Harmon),pp 483)was submitted by Gary Coover of McClelland Consulting Engineers on behalf of James Ezell of University of Arkansas for property north of Fairview Street on Harmon Avenue and alleys west of Harmon Avenue. The property is zoned R-3,High Density Residential and contains approximately 0.48 acres. The request is to vacate Harmon Avenue between Fairview Street& William Street and the alleys west of Harmon Avenue. Findings: See the attached maps and legal descriptions for the exact locations of the requested right-of-way vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric NA Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections SW Bell No Objections. Any damage to or relocation of existing facilities will be at the owners expense. Cox Communications No Objections. Any damage to or relocation of existing facilities will be at the owners expense. City of Fayetteville: Water/Sewer See Conditions of Approval Planning Commission January 27, 2003 VAC 03-211 of (Harmon) Page 1.1 VAC 03-02.00 Page 2 Street Department No Objections Solid Waste No Objections Engineering No objections. See Conditions of Approval Recommendation: Approval of the proposed right-of-way and alley vacation 03-2.00 subject to the following conditions. Conditions of Approval: 1. The water line on Harmon must be replaced with a 12"main(per the University's identified requirements) along the future Buchanan Avenue between William and Fairview. 2. The water line on Duncan along the entire front of the property must be replaced with a new 8"or larger main. This main must have a steel encasement under the footing for any large construction crane. 3. A new 8"water main shall be installed from Duncan west to the dead end 6"PVC main on William. 4. New sewer mains in the size of 8" or 12" (as needed for current and possible future buildings)must be installed to provide service to any current or future structures which are or would be served by the currently existing sewer mains. These mains must run to each lot or parcel requiring service. 5. All water and sewer mains shall meet City of Fayetteville specifications,go through the City Engineer's review,approval and inspection process,and must be approved by the Arkansas Department of Health Division of Engineering. 6. All mains which are or may in the future be City owned mains shall have easements which meet the City's easement requirements. 7. Water valves shall be installed at any current or future transition of ownership points. 8. The construction of the new roadway and the parking deck in this area shall be in accordance with the current City of Fayetteville drainage, grading and street requirements. The plans shall be submitted for review and approval by the City's Engineering Division prior to construction: Planning Commission January 27, 2003 VAC 03-2 U ofA (Harmon) Page 1.2 VAC 03-02.00 Page 3 PLANNING COMMISSION ACTION: ves Required Approved Denied Date Comments CITY COUNCIL ACTION: ves Required Approved Denied Date: Planning Commission January 27, 2003 VAC 03-2 U ofA (Harmon) Page 1.3 STREET &ALLEY VACATION REQUEST 1-12' alley, 1-16' alley 356' of Harmon Avenue south of William Street FAYETTEVILLE,ARKANSAS The University of Arkansas is proposing to construct a multi-level parking facility in the southern portion of the campus immediately south of William Street, and between Duncan Avenue on the east and Buchanan Avenue on the west. In order to build the largest facility possible and to make maximum use of the existing contours in the area,the University would like to construct this facility across the existing Hannon Avenue immediately south of William Street, and also across two currently unused alleys within the old platted Shreve's Addition and Block 3 of McIlroy's Subdivision. The University currently.owns all of the property on both sides of both alleys, and on either side of the portion of Hannon Avenue that is proposed to be vacated. The property owner adjoining the proposed street vacation immediately to the south has been notified and has stated in writing that he has no objection to the vacation of this portion of Hannon Avenue. The existing 6-inch high pressure gas line in the Hannon Avenue right-of-way owned by Arkansas Western Gas will be relocated as part of this project, as will the 6-inch water line owned by the City of Fayetteville. There are no other utilities within the alley or street right-of- way that will need to be relocated. In order to provide for more on-campus parking, and based on the above,the University is requesting an alley and street vacation as shown on the attached drawing. Planning Commission January 27, 2003 VAC 03-2 U of (Harmon) JA2002\0221760escription.doc Page 1.4 VACATION PLAT nQUESM BY: FOR UNMRSrrY OF STREET & ALLEYS ARKANSAS IN THE • CITY OF FAYETTEVILLE WASHINGTON COUNTY, ARKANSAS Scale: 1°= 100' DESCRIPTION FOR STREET AND ALLEYS TO BE VACATED 7HREE HUNORED RFTY-SIX FEET(3569 CF HARMQV AVENUE 07NC SOUTH OF WLU" STREET BUNG MORE PARTICULARLY DESOMM AS FLKLOWS ALL OF HARMAN AYU✓I/E L)ING EAST OmaLOTS 13 AND v a,SHREVE'S ADOIRQV,• AND ALL OF HARMOV AVENUE L HNG WEST OF L07S I1 AND 12 IN EILOL'K 3 OF/.W. MVCANS ADD/ROV. ALSO, ALL CF A 16 FOOT ALLEY ALONG THE SOUTH 570E OF LOT 19 CF SYREVES ADDIROV, LYING BETTAEEIV BUOYANAN AVENUE AND HARMON AIENUE; AND ALL O°'A 12 FOOT ALLEY ALOVG THE NORTH SDE a< LOT I9 OF SHREWS'ADO177M,, LYING BEn*EV BUOVANAN AVENUE AND HARMOY AVENUE. . uxwrsln OF ARMSAS - WLLMM STREET WLUAAI MEET � 8 \ is n is ' n u tAM1t91Y A PMIi1R SHREVE'S AD ITIO �"`�.' �s� sw r/3fAA W�t/+ 111149 1914 - Utl1E�IBIY ti >DYl]iGh000 T-IB-14 Fa0-N FAME EVILLE 112' AALEY �°6"' u�r-goo OU LOTS c u.wrm MAU nPartr MRAaxs�s ANDY t9 ,wu�ilus xo-to�eo•aoo tso-tano-000 �ee-tzms-aos 30.i' _wry IBALLEY �4 72 Hates K )eb-nax-oro a1� wtmlr '° _ AIIX,WEAS - imrxlls Auu+ets _ �eaa>w-aao tm-nemam ]!'r11 MCI R Y' B B OC K 3 to yr INVESIMENY a C MY,Ift i35 lea-a�oz-soo O c _ PAWNEW MEET I.W. DUNCA 'S ADDITION BLOCK 3 L E G E N D O c STREET AND ALLEYS M BE VACATED cam STREET Bow' Planning Commission January 27, 2003 VAC 03-2 U ofA (Harmon) Page 1.5 PETITION PETITION TO VACATE A STREET LOCATED EAST OF LOTS 13 AND 19,SHREVE ADDITION AND LYING WEST OF LOTS 11 AND 12,BLOCK 3,I.W.DUNCAN'S ADDITION,OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the street and alleys hereinafter sought to be abandoned and vacated,lying east of Lots 13 and 19,Shreve Addition and lying west of Lots I I and 12,Block 3, I.W.Duncan's Addition,City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a street and two alleys which are described as follows: Three hundred fifty-six feet (356') of Harmon Avenue lying south of William Street being more particularly described as follows: All of Harmon Avenue lying east of Lots 13 and 19 of Shreve Addition; and all of Harmon Avenue lying west of Lots 11 and 12 in Block 3 of I.W.Duncan's Addition. Also,all of a 16 foot alley along the south side of Lot 19 of Shreve Addition,lying between Buchanan Avenue and Harmon Avenue; and all of a 12 foot alley along the north side of Lot 19 of Shreve Addition, lying between Buchanan Avenue and Harmon Avenue(See attached drawing). That the abutting real estate affected by said abandonment of the street and alleys are Lots 13 and 19, Shreve Addition and Lots 11 and 12,Block 3,I.W.Duncan's Addition,City of Fayetteville,used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described street and alleys. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners fiuther pray that the above-described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said easement. Date day of -e 2003_ LS Printed name Signature \ Printed name Signature Planning Commission January 27, 2003 VAC 03-2 U ofA (Harmon) Page 1.6 J:@002\022176\Pefition.doC - - VA se UpViU OF A HARMON Close Up Vieww EUVI 0 .. .....- WIWAmy M Sr _r .__...._ .. V1ilUAM Si 1 r i Sr ..... SUBJECT PROPERTY { .. xs rte-_'I 1 If ' PASRVIEW ST �'- `�_-` - - EMU 52 we _ _ a Pte- R z. err , a» Overview Legend Boundary ----; Subject Property - - -- ' *"a,,.Planning Area Master Street Plan VAC03-2.00 �000gOvedayDistrict - Freeway/Expressway 000000° - n - Streets L_J City LimitsPrincipal Arterial �+ • , Minor Arterial itt"""111 C\ F�dsting ,Outside City L , - .✓j\Planned r ••:i Collector fanning Commission 5 y .. Historic Collector January 27, 2003 0 75 150 300 450 600 UAC 0 -2 U of.4 (Harmon) -- Feet Page 1.7 VneMile View U OF A HARM O N One Mile View ' LAW$DH s'C '. W a ,4Z t w WSDN Sr.-. pRIVA7E \ F r kIPLL.Y Y S7 (HnLLY Siy fi _gesHipF DR tit f � Pl(.LIADAMsST Prr1,dH5 ST f dAXTL ER at'pR.v sm • -,,,.r P�f SxAlf ' r ►------ a ! npWTHDRN'¢TE,8�4RN f- C€rctE' �»»••►>r»»•!»s»»i»! `�F � i I� _" LBvtkyl S7CLC \ o ml ,I .;; if a OREN CIR l F4FND -- '- �21�ATE DR -' j<! I3DIAISE ST - .NAPLE' p _ :: -• �c._�RAPLC - i "--. $ 73 f 1kA 5TILg^t. sk'�`7 a . 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P0.IVATEDR �_ 7. o PRIVe:. r s x VATE DR4 aif ' 2TH i P jj 312TH ST o f PRIVATE DR Overview Legend r Master Street Plan ...- � r � Subject Property Boundary ... �FreaxaylE�ressway VAC03-2.00 "'"a ,,.Planning Area r da000% PrinGPa�AHerial Streets o Overlay District Mtn«Arsenal _,btlstin9 � cm— El ��\ - L. —I Oetide City City Limits ♦+vdlecl« _31/ Pknnetl (— s »••! Historic Collector g `�` t_ tannin Commission 1 January 27, 2003 0 0.1 0.2 0.4 0.60. VAC 3-2 U ofA (Harmon) Mlles Page 1.8 LSP 03-04.00 Page I PC Meeting of January 27,2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS - Zakariadze,LSP 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: January 23,2003 Project: LSP 03-4.00: Lot Split (Zakariadze,pp 439)was submitted by Ira Zakariadze for property located at 944 &946 N. Meadowlands Drive. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.43 acres. The request is to split into two tracts of 0.20 acres and 0.23 acres. Findings: Proposal: The proposal is to split 0.43 acres into two parcels. The first parcel will be 0.43 acres. The second parcel will be 0.23 acres. Both parcels have frontage on Meadowlands Drive but will access Larkspur Drive. . Surrounding Zoning: North: R-0 South: R-1.5 East: R-1.5 West: R-1 Water: 8 inch Line Available along Meadowlands Drive. Sewer: 6 inch Line Available North of the Property. The sanitary sewer will need to be extended to serve the south part of this lot. The existing service will need to be relocated to tie in to the new main. Right-of-way being dedicated: 25 foot from center line on Meadowlands Drive and Larkspur Drive. Other Information: Access is prohibited from Meadowlands Drive by a note on the final plat. This lot is subject to the Meadowlands Restrictive Covenants. (See attached) A second structure may be permitted without lot split approval pursuant to: Planning Commission - January 27, 2003 LSP03-4 Zakariadze Page 2.1 LSP 03-04.00 Page 2 §164.03 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT OF RECORD. In any district,more than one structure housing a permitted principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot. Recommendation: Approval subject to the conditions below. Conditions of Approval: 1. The required public sewer extension must be completed prior to filing the split. 2. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives-AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 3. Staff approval of final detailed plans, specifications and calculations(where applicable) for grading, drainage,water, sewer, fire protection;streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 4. Payment of parks fees in the amount of$375.00. Background: The project was reviewed at the January 3,2003 Technical Plat Review and the January 16, 2003 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included the covenants of the subdivision, access, and the sewer extension. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water: Existing 2. Sanitary Sewer: Extension of 8"sewer main is required. 3. Streets: Existing 4. Grading and Drainage: N/A Planning Commission January 27, 2003 LSP03-4 Zakariadze Page 2.2 LSP 03-04.00 Page 3 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission January 27, 2003 LSP03-4 Zakariadze Page 2.3 4b f COPY 7 ' EL ,-UR RECORD 95 APR 21 flM 9 i2 PROTECTIVE COVENANTS AND RESTRICTIQWf?QjS-, . .. CO AR { THE MEADOWLANDS ADDITION K. HARNESS PHASES I, II, III, AND IV FAYETTEVILLE, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, McIlroy Land Investments, Inc. and Robertson Oil Co. , Inc. d/b/a McIlroy Robertson Joint Venture ("Declarant" ) , is now the record owner of property described as: 40 . 77 acres more or less described on the attached Exhibit "A" and being a part of the South one-half (S 1/2) of Section Twelve (Sec. 12) Township Sixteen North (T16N) Range Thirty-One West (R31W) , herein the "Property" . WHEREAS, said Declarant desires to develop a real estate addition to the City of Fayetteville, Washington County, Arkansas, and has caused said tract to be surveyed and Platted into Lots; and WHEREAS, it is in the interest of the Declarant, as well as prospective purchasers of the Lots, that said tract be known as "The Meadowlands Addition" , Phases I, II., III and IV, herein the "Addition" and that the use of the Lots be restricted as hereinafter provided; NOW, THEREFORE, in consideration of the premises, and for the purposes above-mentioned, Declarant has caused the Property to be Platted into numbered Lots ( "Lots" ) with the size, location,,-and boundaries of each lot as shown on said Plat, which has been filed for record, in Volume /¢ , Page // , Registrar of Deeds, Washington County, Arkansas ( "Plat" ) , and every deed or conveyance of a lot in said tract described by number as shown on said Plat shall be held and deemed - a sufficient description for the conveyance thereof, subject to the reservations, Covenants, and restrictions hereinafter stated. Declarant does hereby establish and create the following Protective Covenants ( "Covenants" ) , which shall apply to said Lots as shown on the Plat of Phases I, II, III and IV of the Addition, excluding Lots 101 and 102, found in the Plat book. The real property covered by this Declaration shall be the Property. The Property and any right, title or interest therein shall be owned, held, transferred, leased, sold, conveyed and/or occupied by Declarant and any subsequent owner, lessee or occupant of all or any part thereof shall take and occupy the Property, subject to this Declaration and the Covenants herein set forth. 1 . BUILDING LIMITATIONS : The subdivision.and building codes of the City of Fayetteville, Arkansas ("Ordinances" ) , as they presently exist or are hereinafter amended, shall be and hereby made applicable to all Lots in the Addition. PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE Planning Commission MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS JanuaryZyj 1 LSP03-4 Za c riadze 950141` 0 y ; All dwellings and other improvements shall comply with said Ordinances as they exist on the date of .issuance of a building permit for such construction. In the event any conflict shall exist between such Ordinances and the provisions of these Covenants, the Covenants providing more restrictive provisions shall control. Building, architectural, and design specifications shall be in accordance with those regulations set forth in the Fayetteville Zoning Ordinance designated R1 (residential) and R1 .5 (duplex) unless modified by these Covenants to provide more restrictive provisions. a. Minimum Scruare Footage No dwelling structure shall be constructed upon any Lot within the Addition of less than 1600 square feet of ground floor living area. Further, each dwelling, including both R1 and R1 .5, shall have a two-car enclosed garage and shall have a concrete driveway. On all Lots zoned R1 .5 as shown on the Plat, there shall be one or two story two-family dwelling units with at least 800 square feet of living area on each side of the two-family dwelling unit (at least 1600 square feet of total living area for the entire dwelling) . on all Lots zoned R1, only one residence shall be constructed on each Lot and each residence shall have minimum, square footage. of 1600 square feet of living area. In the event a multi-story residence is constructed on any of the Ri Lots, the minimum square footage of diving area on the ground level shall be 1200 square feet exclusive of porches, patios, terraces, driveways, servants ' quarters and garages. b. Exterior of Dwellings All dwellings constructed on any Lot must use tile, wood or architectural roof. The exterior of all dwellings erected on said Lots shall be of a masonry construction to the extent that the exterior of said dwelling is at least sixty percent (60%) masonry or stone, excluding windows and doors, provided, however, the side of each dwelling facing any dedicated street ;is also at least sixty percent (60%) masonry. There shall be no metal .or man-made siding, such as masonite or aluminum, however, this does not apply to gables which may be constructed of EA4, or other material approved as provided in paragraph 24. All roof pitches shall be a minimum of 6/12 pitch. C. All Lots shall be used for residential purposes only. No building shall be altered, erected, placed or permitted to remain on an R1 Lot except PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS PlanningCom'MRE 2 January 27, 2003 !�1 LSPA 121 one detached single family dwelling, not to exceed two stories in height and not to exceed that height which is allowed by applicable Ordinances and on an R1 .5 Lot no more than one two family dwelling unit. 2 . OCCUPATIONS : Home occupations as defined by the Ordinances shall be prohibited.. No manufacturing, trade business, commerce, industry, profession, or other occupation whatsoever will be 'conducted or carried on upon any estate or any part thereof, or in any building or other structure erected thereon, save and except sales or. leasing offices, with the prior written approval of the developers and compliance with the Ordinances. 3 . YARD SPACE RESTRICTIONS AND BUILDING LOCATION: All buildings and permitted accessory buildings shall be located in conformance with setback standards as provided in the ordinances in regards to the location on the Lot. For the purposes of this Covenant, eves, steps, and open porches shall not be considered as part of the building, provided, however, this shall not be construed to permit any portion of the building on a Lot to encroach upon another Lot or easement. No Lot sub 'vided into small Lots or parcels than s own on the recor e for the purpose of crea ing add-it—ional building sites or Lots, except, with the permission of the developers and in accordance with City Ordinances, a Lot zoned R1 .5 may be subdivided into Lots, for the purposes of constructing "Duplexes" so that subsequent sales may include one half (1/2) of a duplex with a lot line adjustment (as per a zero lot line) ., A Lot may also be divided to combine portions of it with the adjacent Lots in order to enlarge the buildings sites on said respective adjacent Lots according to the procedure provided in the ordinances. a. Landscaping A minimum of thirty percent (30%) of each such Lot shall be landscaped open space. Open space includes all portions of the Lot(s) except areas covered by buildings, parking areas, driveways and other permitted vehicle access areas. All front and side yards to either the fence line or the rear of the house are to be fully landscaped and sodded within sixty (60) days of completion of the dwelling or as approved by the Committee. A minimum of three (3) trees, which are a minimum of three (3) to four (4) inches in diameter, shall be planted on the front of each front Lot by the owner and shall be maintained by the Lot owner. Any tree lost for any reason shall be replaced with a like tree at the Lot owner's expense. PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS Planning CRMNA January 27, 2003 LSP03-4 Zakariadze 950f91222 b. Clothesline { No clotheslines may be maintained on any Lot unless completely screened from public view in a manner approved by the Committee. C. Fences Fencing of front .yards .is prohibited. Fences may not be constructed past a line parallel with the abutting street in the front of the dwelling and of the dwelling closest to the abutting street. Rear yard fences must be brick or decorative wood design. Chain link fences and other forms of wire fencing are specifically prohibited. Dog pens screened from view from the abutting street(s) by walls, fences or plantings may be constructed and maintained in the rear yard portion of any Lot. d. Antennae No antenna or tower shall be erected on any Lot for any purpose, nor shall any antenna or tower be affixed to the outside of any dwelling on any Lot, except as may be allowed on a temporary basis by the Declarant to permit necessary radio or telephonic communication during construction. e, Roofs All building (dwellings and garages) shall be constructed with composition shingles unless otherwise approved by the Committee, provided, however, wood shingles if permitted must be fire resistant and bear a certification of such by a nationally recognized authority. 4. OFF-STREET PARKING: All vehicles, except recreational vehicles, of the respective Lot owners shall be parked in the garage or driveway of the Lot, and parking on the streets as shown in the Plat of the subdivision shall be prohibited for a period of time exceeding three (3) days. Recreational vehicles and equipment, including but not limited to boats, motorhomes, travel trailers, campers and the like, shall not be parked or stored off street within twenty-five (25.) feet of the front Lot line for a period of time exceeding three (3) days. 5. SIDEWALKS : Concrete sidewalks extending the entire width of a Lot parallel to the abutting street(s) are to be constructed by the Lot owner at the time the driveway is installed. The width and specifications of all of the sidewalks shall conform with the Ordinances. . 6 . SIGNS : No sign or signs shall be displayed to the public view on any Lot except that: PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS Planning CwBMgn4 January 27,2003 LSP03-4 Zakariadze 9 51A29123 a. Declarant may erect and maintain a sign or signs deemed reasonable and necessary for the construc- tion, development, operation, promotion, leasing, and sale of the Lots; b. Any builder, during the applicable initial construction and sales period, may utilize one professionally prepared sign of not more than five (5) square feet in size per Lot for advertising and promotion; C. Thereafter, a dignified "For Sale" sign of not more than five (5) square feet in size, acceptable to the Declarant, may be utilized by the Lot owner of the respective Lot for the sale of the Lot; d. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with all sign standards provided in the Ordinances. 7 . TEMPORARY STRUCTURES : No trailer, tent, shack, garage, barn or other outbuilding erected on any Lot covered by these Covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of temporary character be used for human habitation. 8. OUTBUILDINGS: No outbuildings other than garages and those permitted by this paragraph shall be allowed. Cabana structures or gazebos only as approved by the Committee may be built and maintained within any Lot. The interior area of a . detached cabana will not be included in the determination of the minimum dwelling area. 9. OIL AND MINING OPERATIONS : No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted, nor shall oil wells, crude oil tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. . No derrick .or _other structure designed. for use in boring for oil, natural gas, salt, or any other mineral or petroleum product shall be erected, maintained, or permitted upon any Lot. 10 . REMOVAL OF DIRT: The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in .conjunction with landscaping, drainage, or construction of improvements thereon. 11 . PETS , LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised or kept on any Lot. Dogs, cats or other household pets may be maintained, provided that dangerous animals are strictly prohibited, including animals with an inbred propensity to harm others. Provided, further, that no household pets may be kept or maintained for any PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE Planning Commission MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS Janua E2093 LSP03-4 Zakariadze 9501%24 commercial purposes and further provided that animals -,--- that are or become an annoyance or nuisance to other Lot owners are prohibited. The maximum number of pets allowed per dwelling is three (3) . 12 . EASEMENTS : Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Plat. No trees, incinerator structures, building, pavements, or similar improvements shall be grown, built, or maintained within the area of the utility easements. Lot owners are hereby notified that any structures, plants or landscaping material in the easements are subject to removal at the expense of the Lot owner placing same in the easement. 13. NUISANCES: No noxious or offensive activity shall be permitted or carried on upon any Lot, nor shall anything be, done thereupon which may be or may become an annoyance ori nuisance to the neighborhood. Grass, weeds and tree sprouts shall be kept neatly cut and shall not be allowed to exceed six inches from the ground surface. Fences or outside structures or outdoor decorations shall be maintained so as not to become unsightly or an annoyance to the neighborhood. Upon owner's failure to comply with this Subsection, the Declarant or other Lot owners may cut grass or weeds or perform maintenance upon fences, outside structures, or outdoor decoration, or remove building materials and debris or; maintain street lights at the expense of the Lot owner. . A ` reasonable fee shall be paid by .the Lot owner of the Lot for; said service plus all out-of-pocket costs. 14. INOPERATIVE VEHICLES: No automobile, truck, bus, tractor, or other vehicle shall - be left inoperative on any Lot for a period of more than seventy-two (72) hours. 15 . SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub which obstructs sight lines at street intersections in the Addition shall be- permitted. 16 . UTILITIES : All utilities in this Addition shall be placed underground. 17 . STREET LIGHTS: The Declarant shall install street lights at the intersection of dedicated streets as required by the Ordinances. 18. MAILBOXES : Mailboxes are to be constructed by the Lot owner and are to be built with brick to match the construction of the dwelling on that Lot. The receptacle shall conform with height and width requirements of the Declarant and the U.S . Postal Service and shall be maintained by the Lot owner.` PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS PAGE 6 Planning Commission January 27, 2003 LSP03_4;Z(0125 19 . TRASH RECEPTACLES AND COLLECTION: . All trash receptacles shall be screened by fences or shrubbery so as not to be visible from the street(s) unless otherwise approved by the Declarant in writing. Each and every Lot owner shall observe and comply with any and all regulations or requirements promulgated by. the City of Fayetteville, Arkansas in connection. with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, rock, concrete, dirt or other waste matter. All trash, garbage, or waste matter shall be kept in covered containers which shall be constructed of metal , plastic or masonry materials, with tightly-fitting lids, and which shall be maintained in a clean and sanitary condition. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which these materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot. 20. SWIMMING POOLS: No above ground swimming pools shall be permitted. All other swimming pools shall be fenced and secured with child-proof closures. to prevent children from entering the pool without permission of the Lot owner and in compliance with all ordinances. 21 . RESIDENTIAL COMMON AREA: Every Lot owner and/or tenant of an owner that resides in the Addition shall have a right and easement of use and enjoyment in and to the Residential Common Area and such easement shall be appurtenant to and shall pass with the title of every Lot, provided, however, such easement shall not give such person the right to make alterations, additions or improvements to the. Residential Common Area. The upkeep and improvements of the common area will be paid by the Owners Association dues which each Lot owner will pay on an annual basis. 22 . VIOLATIONS : If the parties herein or any of them or their.' heirs or assigns or any other person shall violate or attempt' to violate any of the Covenants or restrictions contained herein, it shall be lawful for any person or persons owning any interest in any Lot or Lots to prosecute any violation or attempted violation of any such Covenant or restriction, including restraining orders or injunctions to prevent the; violation and to recover damages or other penalties for such violation and reasonable attorneys ' fees. PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE Planning Com s' MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS 7 January LSP03-4 Zakariadze 9!Wf912S 23 . COVENANTS TO RUN WITH THE LAND: These Covenants and restrictions are to run with the land and shall be binding on all parties, their heirs, successors and assigns, for a period of thirty (30) years ( "Original Term" ) from the date these Covenants are recorded with the Registrar of Deeds ("Registrar") ; provided, however, that the Covenants and restrictions may be amended at any time by an affirmative vote of the owners of at least. seventy five percent (75%) of the Lot owners. Such amendments shall be in writing, and recorded with the Registrar. Provided, further, that after the expiration of the Original Term, at any time within six (6) months from said expiration of the Original Term or any Successive Term, the owners of a majority (51%) of the Lots may terminate these Covenants, in writing, and record with the Registrar that they elect to terminate these Covenants, and the same shall then be terminated upon recordation. In the event that no action is taken within the prescribed time, these Covenants shall automatically continue for successive additional periods of ten (10) years ( "Successive Term" ) , and for any such ten (10) year period, said Covenants may be terminated in accordance with the terms for the original termination. It is further provided that these protective Covenants may be amended at any time after the expiration of the Original Term by an affirmative vote of the owners of seventy-five percent (75%) of the Lots. 24. .ARCHITECTURAL CONTROL: a. Following the date of recordation of this Declaration, an Architectural Control Committee (the "Committee") shall be appointed by the Declarant and composed of two (2) individuals or business entities, each generally familiar with residential and community development design matters and knowledgeable about the Declarant's concern for a high level of taste and design standards for the Property, who shall serve until their successors are appointed or re=appointed:by _the Declarant, or until the occurrence of the event provided in paragraph d �below. The Committee shall use its best efforts to promote and ensure a high level of taste, design, harmony and conformity throughout the Property. No Member of the Committee shall be liable for claims, causes of action or damages arising out of services performed pursuant to this Declaration. b. No building, fence, wall, or other structure or improve- ment of any kind shall be commenced, erected, placed, altered or maintained (including, but not limited to, alteration of the exterior and facade or the appearance or design thereof upon the Property) , nor shall any PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS PAGE 8 Planning Commission January 27, 2003 ry LSP03-4 ZM12 r exterior addition be made to, or alteration therein be I made, until the "plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to, and approved in writing by the Committee, ora majority of its members as to (i) harmony of external design and location in relation to surrounding structures and topography; (ii) as to conformance with the protective Covenants herein set forth; (iii) quality workmanship and materials; adequacy of its dimensions, adequacy of structural design; proper facing of main elevation with respect to nearby streets; and (iv) location with respect to topography and finished grade elevation and effect of the location and use of any structure or improvement on neighboring Lots and improvements situated thereon and drainage arrangement. C. Final plans and specifications shall be submitted in duplicate to the Committee and the Committee' s written approval must be obtained prior to any clearing, grubbing, or grading on any Lot. The Committee may keep one set of the plans. In the event that any plans and specifications are submitted to the Committee as provided herein, and such Committee shall fail either to approve or reject such plans within thirty (30) weekdays following such submission, approval by the Committee shall not be required, and the plans shall be deemed to have been given in full compliance with this Article. d. On the date of the sale and recordation of the deed from the Declarant of the Lot which results in seventy-five percent (75%) or more of the Lots shown on the Plat being sold, the Committee approved by the Declarant shall tender their resignation to the Board of Directors of the owners Association and the Board shall accept said resignation and appoint a new Committee of three (3) persons to serve staggered terms to be determined by said Board of Directors. 25. OWNERS ASSOCIATION: Declarant shall create a non-profit corporation under the laws of the state of Arkansas upon recordation of this Declaration and all Lot owners shall be; members entitled to one (1) vote for each Lot owned. The. Association shall be governed by a Board of Directors composed of no less than two (2) and no more than seven (7) members elected by the Lot owners. The Board shall draft by-laws and set annual dues to be paid by each Lot owner purchasing any Lot from the development to be used by the Association for the purposes to the benefit of Lot owners. The developers shall be entitled to membership in the Property Owners Association PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS PAGE 9 Planning Commission .January 27, 2003 - LSP03-4 Zakariadze 0119128 with the right to one (1) vote for each Lot owned by said developers. a. All property owners in the Meadowlands Addition,;-- excepting the developers, shall pay dues of -one Hundred: Dollars ($100 .00) per Lot per year, payable at the' closing of such Lot or Lots, to the Association for the maintenance of the Common and Limited Common Area. These dues may be increased each year not more than five (5) percent above the assessment for the previous year without the approval of the Membership by a majority___. __.__ vote. The dues may be increased about five (5) percent by the approval of the Membership by a vote of two-thirds (2/3) . In the event of failure to pay the dues, such dues may constitute a lien upon the property owned by . such owner in the subdivision 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 same rate allowed on Judgments in Arkansas from the date the same became due until they are paid, and the Association shall be entitled to reimbursement of fees paid to attorneys when and as deemed necessary by the Association to collect any - delinquent assessments or enforcement of the provisions herein contained, all of which shall be a part of the lien for unpaid dues. ( b. In addition to the annual dues assessment authorized in Section a above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any maintenance, construction, reconstruction, repair or replacement . of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided, however,- that any such assessment shall have the approval of the Membership by a three-fourths (3/4) vote of each class of members who are voting in person or by proxy at a special meeting called for that specific purpose. C. Written notice of any meeting called for the purpose of taking any action authorized in Sections a and b hereof" shall be mailed to all members by ordinary mail at their address as it appears on the records of the Association posted not less than twenty (20) days and no more than forty (40) days in advance of the meeting. The presence.. .. of Members at any such meeting in person or by proxy, entitled to cast sixty percent (60%) of all the votes of each class of Membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS Planning COPAGE)9nl 0 January 27, 2003 LSP031019c>Q the quorum required at the subsequent 1 q q quent meeting shall be, ,. one-half (1/2) of the required quorum at the preceding" ' meeting. d. All Association dues collected shall be kept in a common expense fund and used for the purposes of the . Association. The Board shall keep detailed records of the receipts and expenditures affecting the general common elements, and/or the Limited common elements specifying and itemizing the maintenance and prepaid expenses of the general and/or Limited common elements and any other expenses incurred. Records and vouchers authorizing the payments involved shall be available for examination by any Member at any reasonable time. 26 . ENFORCEMENT OF COVENANTS : If the parties herein or any of them or their heirs or assigns shall violate or attempt to violate any of the Covenants or restrictions herein contained, it shall be lawful for any other persons or person owning any Lot in the Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent him or them from so doing or to recover damages or other penalties for such violation. 27 . SEVERANCE OF COVENANTS : Invalidation of any one of these Covenants by judgment or court order shall, in no way, affect any other provisions herein contained, but they shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been executed this day of December, 1994. McILROY LAND INVESTMENTS, INC. AND ROBERTSON OIL CO. , INC. d/b/a MCILRO,7 ROBERTSON JOINT VENT Y: o y, ay e McIlroy, President 'Mcilroy Land Investments, Inc. BY: FJL. RoBertson, President, Robertson oil Co. , Inc. PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE �g��p MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS Planniilanuary7Y x0311 LSP03-4 Zakariadze T91 s0 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this day came before the under— signed, a Notary Public within and for the County and State aforesaid, duly commissioned and acting, Hayden McIlroy, who stated that he was President of McIlroy Land Investments, Inc. , a corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this day of December, 1994. :W3 INDAJ.BEATTY Y PUBW-AFlKANWASHINGTON NN Nota Publi MBBICN EXPIRES u0- - - - - - STATE - 4 STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this day came before the under- signed, a Notary Public within and for the County and State aforesaid, duly commissioned and acting, F.L. Robertson, who stated that he was President of Robertson Oil Co. , Inc. , a corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this Z7j day of December, 1994. My Commission Expires: MELINDAJ BEATTY Not�l`ic NOTARY PUSUC.ARKANSAS WASHINGTON C01 IhaX MY COMMISSION EXPIRES 0"SQ004 PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE . MEADOWLANDS ADDITION, FAYETTEVILLE, ARKANSAS P1annin Eisjdb January27, 2003 LSPoyS to FILED FOR RECORD f '95 MY 2 Pf9 3 43 f BY-LAWS WASHINGivii CO AR .1 K. HARNESS THE MEADOWLANDS ADDITION PROPERTY OWNERS ASSOCIATION t ARTICLE I Definitions section 1 . Meadowlands Ac}rij Lion Property Owners Association. An Arkansas non-profit corporation formed to promote the collective and individual property end ::s!';c: interests of all persons owning property in the Meadowland: J-1.0d.'.tion, Phases I, II, III and IV, being a subdivision to the City .- Fayetteville, Washington County, Arkansas, the plat of which was ).."P_d for record on March 31, 1995, t in Book 14, page 11 , i•I 4'0 Off.lCe of the Circuit Clerk and EX- Officio Recorder of wushi.tyton County, Arkansas and to own, operate, and maintain e.ny area which may now or hereafter be designated as Common ProPerty .end to operate and maintain any area which may now or herea-ft is tse designated as Amenity Property in accordance with the provlsio::s set forth in the Bill of Assurances n and Protective Covenants of the Meadowlands Addition. h ARTICLE II . N\ Location � . Section 1 . The principal office of the Property Owners x n Association shall be located at la West Center, Fayetteville, q. 1 '\� Arkansas, 72701, until changed as required by the provisions of these By-Laws. ARTICLE III Membership Section 1 . Upon the recordation of 'an instrument of conveyance whereby any person or entity acquires title to any Lot or Lots in the Meadowlands Addition, Phases I, II, III and IV, each Lot so acquired shall then entitle the Owner one membership per Lot in the Property Owners Association and one vote per Lot on each matter submitted to a vote of the members. Section 2 . The rights of membership are subject to the payment of all assessments, the obligation of which assessments is imposed against_each.. Owner. of.,...and , becomes a lien upon, the Lot against which such assessments are made. Section 3. The Property Owners Association membership for each Owner shall be an appurtenant right to the Lot giving rise to such membership and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited transfer shall be void. Planning Cong.5V4 !7lA %. January 37 `!: 5L'';- •: •::'': LSP03-4 Zakariad= '^1;3 t 1I7 s:h r`••r it arc - ...• -_ ,:5': '�' �{ ,.a. ,..,�;,• Page 2.16 2 ti ARTICLE IV Voting Rights section 1 . The owners of each Lot shall be entitled to one vote 'for each Lot owned on each matter submitted to a vote of the members. Developers shall have one veto for each Lot in which they retain ownership. Section 2. The voting rights of any Owner whose Lot is subject to assessments shall be suspended during the period when the assessments are delinquent in excess of thirty (30) days; but, upon payment of such assessments, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of any Common Property or Amenity Property (including the provisions of these By- Laws) , they may, in their discretion, upon majority vote, suspend the voting rights of any owner for a violation of such until the violation is corrected. Section 3. In the event that joint Owners of a Lot are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. No Owner other than the record owner of a Lot may vote and when such person casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that such person was acting with the authority and consent of any other Owners of the. same Lot. All voting rights shall be exercised by owners and no lessee, sublessee, or other person shall be ,entitled to exercise voting rights notwithstanding lease provisions to the contrary. ARTICLE V Property Rights and Rights of Use of Common Property or Amenity Property Section 1 . Each owner shall be entitled to the use of any property which is designated as Common Property or as Amenity Property. Section 2. Each owner shall abide by all rules and regulations pertaining to the use of any Common Property or Amenity Property. ARTICLE VI Board of Directors Section 1 . The affairs of the Meadowlands Addition Property Owners Association, Phases I, II, III and IV, shall be administered by a board of not less than two (2) nor more than seven (7) directors . The initial Board of Directors shall consist of two (2) persons, who shall hold office for three (3) years, and until election of their successors. Beginning with the third annual 95021480 - Planning Commission January 27, 2003 LSP03-4 ZakariacLe _ Page 2.17 S 3 meeting, the owners, at every annual meeting, shall elect new directors to replace those directors whose terms have expired. Directors may succeed themselves. When the Board of Directors is expanded, the terms of each additional director shall be for three (3) years. '. � Section 2. Vacancies in the Board of Directors shall be filled by appointment by a vote of a majority of the remaining 1 airectors; any such appointed director shall hold office through the unexpired remainder of the predecessor's term or until his successor is elected by the Owners, who may make such election at the next annual meeting of the owners or at a special meeting called for that purpose. by theevotenof.two thirdsers of the(2/3) oBoard the ownersDirectors Lots. be removed section 4 . Directors shall not receive any salary for their services. Section 5. The officers of the Board of Directors shall be a president, a vice president, a secretary, a treasurer, and suchdeem officers or as as the Board of Directors ,may desirable. More than one office may not be held by the same person 3R except that one person may hold the office of secretary and treasurer. Section 6 . The officers of the Board of Directors shall be chosen by a majority vote of the directors. Section 7 . All officers shall hold office fora term of one (1) year but may succeed themselves. Section 8 . The president shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all written instruments to be executed by the Property owners Association. Section 9 . The vice president shall perform the duties of the president in the president's absence. Section 10. The secretary shall record the votes and keep the minutes of all proceedings in a book to be kept for that purpose. The secretary shall also keep the records of the Meadowlands Addition Property owners Association, Phases I , II, III and IV. 1 He/she shall record in a book kept for that purpose the names and addresses of all Owners. Section 11, The treasurer shall receive and deposit in Lilate bank accounts all the monies of the Meadowlands Property Owners Association, Phases I , II , III and IV, and burse such funds as directed by resolution of the Board of Planning Cft Z 01481 .7anua 2 , 0 LSP03-4Zakariadze a Directors; provided, however, that a resolution of the Board of Directors shall not be necessary for disbursement made in the ordinary course of business conducted within the limits of a budget adopted by the Board. Section 12. The treasurer shall keep proper books of account and shall prepare an annual budget and an annual balance sheet statement. The budget and balance sheet statement shall be presented to the owners at the annual meeting. ARTICLE VII Election of Directors Section 1 . Election of the Board of Directors shall be by written ballot of the members. The candidate(s) receiving the largest number of votes shall be elected. Section 2 . Nominations for election to the Board of Directors shall be in writing and may be made by any member and shall be delivered to the secretary of the Meadowlands Addition Property Owners Association, Phases I, II , III and IV, not less than twenty (20) days prior to the election date. Nominations shall thereafter be closed. section 3 . The secretary shall- cause. a ballot to be prepared containing the names of all nominees and one ballot shall be distributed to each member not less .than five (5) days prior to the election daterr Election shall be upon written ballot submitted to the secretary at the annual meeting. ARTICLE VIII Powers and Duties of the Board of Directors section 1 . The Board shall have the following powers, duties and responsibilities: (i) To call special meetings of the owners whenever it deems necessary and it shall call a meeting at any time upon written request of one-half ( 1/2) of the voting membership of owners as defined in Article IV, Section 1 hereof. (ii) To appoint and remove, at its pleasure, all agents and employees; to include the requirement that a manager be hired for the Meadowlands Addition Property owners Association, Phases I , II , III and IV, who shall be solely responsible, under the direction of the Board, for all maintenance requirements on Common Property and Amenity Property, for collection of the dues, and for other duties prescribed by the Board. Additionally, the Board shall prescribe the duties, fix the compensation, and require of any person appointed such security or fidelity bond as it may deem expedient. Nothing contained in these By-Laws shall be Plana n�5021482 ssion January 27, 2003 LSP03-4 Zakariadze Page 2.19 5 i construed to prohibit the employment of any Owner, officer or director in any of the aforesaid capacities. } (iii) To establish, levy, assess and collect the assessment or charges. (iv) To adopt and publish rules and regulations governing the use of any Common Property and Amenity Property and the conduct of the owners and their guests, invitees, and employees thereon . ; f (v) , To exercise for the Meadowlands Addition Property Owners Association, Phases I , II, III and IV, all powers, duties, and authority vested in or delegated to the Meadowlands Addition Property Owners Association, Phases I , II , III and IV. ! � (vi) In the event that any member of the Board of Directors shall be absent from five (5 ) consecutive regular } meetings of the Board of Directors, the Board may, by action taken by the meeting during which said fifth absence occurs, declare the office of such director to be vacant. ". (vii) To hire and contract for the administration of any Common Property and Amenity Property and their care, repair, upkeep, and security; (viii) To establish such committees as the Board deems ! desirable. (ix) To cause to be kept a complete record of all its acts and to present a statement thereof to the owners at the annual meeting of the members or at any special meeting called for that purpose when such is requested. (x) To supervise all agents and employees of the Meadowlands Addition Property owners Association, Phases I, II, III and IV, and see that their duties are properly performed. (xi) To collect for the payment of common expenses in connection therewith to: } (a) adopt an annual budget and fix and levy the amount of the assessment against each Lot for each assessment period; (b) prepare a roster of the Lots and the assess- ments applicable thereto which shall be kept by the secretary and shall be open to inspection by any Owner; and ;.. SpA Planningco X2148: 3 a January 27; 2003 "t LSP03-4'2akteeiiclze �E a.