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2022 - 2022011147 10/25/2022 02:42 PM Page 1 of 22 AFTER RECORDING RETURN TO: Robert D. Burton, Esq. Winstead PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 Email: [email protected] ALSATIAN OAKS DESIGN GUIDELINES ADOPTED: DECLARANT AS THE ALSATIAN OAKS REVIEWER: AO LOT DEVELOPMENT, LLC, A Texas limited liability company By: Liam Interests, LLC, a Texas limited liability company, its General Partner By: James W. Collins, Jr., Managing Member THE STATE OF TEXAS COUNTY OF Bexar cos cos § § 20 This instrument was acknowledged before me this day of October 2622 by James W. Collins, Jr., Managing Member of Liam Interests, LLC, a Texas limited liability company, General Partner of AO Lot Development Texas limited liability company, on behalf of said entities. (SEAL) Anne Chambers PUBLIC Spencer TOV STATE! EXP OF TEXAS. 65-2024 une Notary Public Signature Adopted by Declarant in accordance with Section 6.4.2 of the Alsatian Oaks Master Covenant [Residential], recorded under Document No. 2022011135 Official Public Records of Medina County, Texas, as amended from time to time (the "Covenant"). 4850-8010-1865v.6 65811-1 7/12/2022 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 2 of 22 ALSATIAN OAKS DESIGN GUIDELINES TABLE OF CONTENTS I. INTRODUCTION.. 1 A. B. Background C. Alsatian Oaks Reviewer and Review Authority. 1 Property Subject To/Applicable Development Area Declaration.. .1 .1 II. GOVERNMENTAL REQUIREMENTS. III. INTERPRETATION. IV. AMENDMENTS V. A. B. C. D. VI. ARCHITECTURAL REVIEW OVERVIEW.. Objective.......... Responsibility for Compliance Submittals, Approval and Review Fees Inspection...... ARCHITECTURAL AND AESTHETIC STANDARDS. A. Plan Repetition 2 .2 2 2 .2 .3 3 .3 .3 B. Brick Color and Masonry Stone Repetition C.
ity for Compliance Submittals, Approval and Review Fees Inspection...... ARCHITECTURAL AND AESTHETIC STANDARDS. A. Plan Repetition 2 .2 2 2 .2 .3 3 .3 .3 B. Brick Color and Masonry Stone Repetition C. Siding and Masonry. D. Square Footage. .5 E. Temporary/Accessory Structures. F. Building Height. G. H. I. J. Roofs and Chimneys... Foundations Driveways Garages .7 K. Windows and Doors L. Gangboxes. .8 .8 M. Exterior Lighting N. Solar Energy Devices. .8 O. Satellite Dishes... P. HVAC, Pool Equipment, Garbage Containers, and Noise-generating Equipment Screening 02 R. Q. Walls, Fences and Hedges; and Sidewalks. Aesthetic Appeal LANDSCAPE GUIDELINES. 9 .10 VII. A. Landscape... B. Landscape Inspection C. Drainage. .10 .10 .11 .11 i ALSATIAN OAKS DESIGN GUIDELINES 4850-8010-1865v.6 65811-1 7/12/2022 2022 - 2022011147 10/25/2022 02:42 PM Page 3 of 22 D. Decks....... E. Pools, Spas and Hot Tubs F. VIII. Playscapes, Trampolines and Sport Courts. EROSION CONTROL AND CONSTRUCTION REGULATIONS.. 11 .11 .11 12 A. Erosion Control Installation and Maintenance 12 B. Security 12 C. Construction Hours 13 D. Noise, Animals, Children .13 E. Material and Equipment Storage. .13 F. Insurance. .13 G. Site Cleanliness. 13 H. Sanitary Facilities 14 I. Construction Parking & Construction Trailers. .14 J. Schedule of Construction Fines .14 IX. PLAN REVIEW PROCESS. 15 ن خون A. Submittals. 15 B. Timing 16 Initiation and Completion of Construction. 16 4850-8010-1865v.6 65811-1 7/12/2022 ii ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 4 of 22 I. Introduction These Alsatian Oaks Design Guidelines (these “Design Guidelines”), are adopted by AO LOT DEVELOPMENT, LLC, A Texas limited liability company (the "Declarant"), as the Alsatian
4 of 22 I. Introduction These Alsatian Oaks Design Guidelines (these “Design Guidelines”), are adopted by AO LOT DEVELOPMENT, LLC, A Texas limited liability company (the "Declarant"), as the Alsatian Oaks Reviewer. Any notice or information required to be submitted to the Alsatian Oaks Reviewer under these Design Guidelines hereunder will be submitted to the Alsatian Oaks Reviewer, c/o Nicolas Weinheimer; 4040 Broadway, Suite 508, San Antonio, Texas 78209; Phone: (210) 477-7446; Email: [email protected]. A. Background Alsatian Oaks is a residential community located in Medina County, Texas. The community is subject to the terms and provisions of the Alsatian Oaks Master Covenant [Residential], recorded in the Official Public Records of Medina County, Texas, as amended from time to time (the "Covenant") and the Alsatian Oaks Development Area Declaration [Residential] recorded in the Official Public Records of Medina County, Texas pursuant to the Recording of one or more Notices of Applicability in accordance with Section 9.5 of the Covenant. The Covenant and the Development Area Declaration includes provisions governing the construction of Improvements and standards of maintenance, use and conduct for the preservation of Alsatian Oaks community. B. Property Subject To/Applicable Development Area Declaration The Development Area made subject to that certain Alsatian Oaks Development Area Declaration [Residential], recorded under Document No. 2022011141 in the Official Public Records of Medina County, Texas, as amended from time to time (the "Development Area Declaration"), through one or more Notices of Applicability, is subject to the terms and provisions of these Design Guidelines. C. Alsatian Oaks Reviewer and Review Authority
me (the "Development Area Declaration"), through one or more Notices of Applicability, is subject to the terms and provisions of these Design Guidelines. C. Alsatian Oaks Reviewer and Review Authority Article 6 of the Covenant includes procedures and criteria for the construction of Improvements within the Alsatian Oaks community. Section 6.3 of the Covenant and Section 3.1 of the Development Area Declaration provide that no Improvements may be placed, maintained, erected or constructed within the Development without the prior written approval of the Alsatian Oaks Reviewer. During the Development Period (as such term is defined in the Covenant), the Alsatian Oaks Reviewer shall be the Declarant, or its designee and/or assignee. Until expiration or termination of the Development Period, the Association does not administer the review and approval of Improvements within the Development. 4850-8010-1865v.6 65811-1 7/12/2022 1 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 5 of 22 II. Governmental Requirements Each Owner is advised to review all encumbrances affecting the use and improvement of their Lot prior to submitting plans to the Alsatian Oaks Reviewer for approval. Furthermore, approval by the Alsatian Oaks Reviewer should not be construed by the Owner that any Improvement complies with the terms and provisions of all encumbrances that may affect the Owner's Lot. The Alsatian Oaks Reviewer shall bear no responsibility for ensuring plans submitted to the Alsatian Oaks Reviewer comply with any applicable building codes, zoning regulation and other government requirements. It is the responsibility of the Owner to secure any required governmental approvals prior to construction on such Owner's Lot. III. Interpretation
zoning regulation and other government requirements. It is the responsibility of the Owner to secure any required governmental approvals prior to construction on such Owner's Lot. III. Interpretation In the event of any conflict between these Design Guidelines, the Covenant or the Development Area Declaration, the Covenant and the Development Area Declaration (in that order) shall control. Terms used but not defined in these Design Guidelines shall have the same meaning subscribed to such terms in the Covenant and the Development Area Declaration. IV. Amendments All The Alsatian Oaks Reviewer, acting alone, may amend these Design Guidelines. amendments shall become effective upon recordation in the Official Public Records of Medina County, Texas. Amendments shall not apply retroactively so as to require modification or removal of work already approved and completed or approved and in progress. It is the responsibility of each Owner to ensure that they have the most current edition of the Design Guidelines and every amendment thereto. V. A. Objective Architectural Review Overview The objective of the review process is to promote aesthetic harmony in the community by providing for compatibility of specific designs with surrounding buildings, the environment and the topography. The review process strives to maintain objectivity and sensitivity to the individual aspects of design. B. Responsibility for Compliance An applicant is responsible for ensuring that all of the applicant's representatives, including the applicant's architect, engineer, contractors, subcontractors, and their agents and employees, are 4850-8010-1865v.6 65811-1 7/12/2022 2 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 6 of 22
ect, engineer, contractors, subcontractors, and their agents and employees, are 4850-8010-1865v.6 65811-1 7/12/2022 2 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 6 of 22 aware of these Design Guidelines and all requirements imposed by the Alsatian Oaks Reviewer as a condition of approval. C. Submittals, Approval and Review Fees Requests for approval of proposed new construction, landscaping, or exterior modifications must be made by submitting the information and materials outlined in the Plan Review Process, set forth herein. No Improvements may be commenced until the Owner has received a written "Approval" from the Alsatian Oaks Reviewer. The Alsatian Oaks Reviewer may adopt a schedule of fees for plan review. D. Inspection Upon completion of all approved work, the Owner must notify the Alsatian Oaks Reviewer. The Alsatian Oaks Reviewer may, but in no event be obligated to, inspect the work at any time to verify conformance with the approved submittals. VI. Architectural and Aesthetic Standards A. Plan Repetition The Alsatian Oaks Reviewer may, in its sole and absolute discretion, deny a plan or elevation proposed for a particular Lot if a substantially similar plan or elevation exists on a Lot in close proximity to the Lot on which the plan or elevation is proposed. The Alsatian Oaks Reviewer may adopt additional requirements concerning substantially similar plans or elevations constructed in proximity to each other. For example: Plans with the same elevation can be repeated every third Lot (example: Elevation A, Elevation B, Elevation C, and Elevation A). Elevation A Elevation B Elevation C Elevation A Elevation D Elevation E Elevation F Elevation B
ation can be repeated every third Lot (example: Elevation A, Elevation B, Elevation C, and Elevation A). Elevation A Elevation B Elevation C Elevation A Elevation D Elevation E Elevation F Elevation B Across the Street: Plans with the same elevation cannot be placed on a Lot across the street or diagonal from any other plan (example above: Elevation B).] B. Brick Color and Masonry Stone Repetition The Alsatian Oaks Reviewer may, in its sole and absolute discretion, deny proposed brick or masonry for a particular Lot if substantially similar brick or masonry exists on a Lot in close 4850-8010-1865v.6 65811-1 7/12/2022 3 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 7 of 22 proximity to the Lot on which the brick or masonry is proposed. The Alsatian Oaks Reviewer may adopt additional requirements concerning substantially similar brick or masonry constructed in proximity to each other. At a minimum, substantially similar brick or masonry must be spaced as follows: For example: Similar brick or masonry can be repeated every other Lot (example: Plan A, Plan B, Plan A, and Plan B). Brick A Brick B Brick A Brick B Brick D Brick D Brick E Brick D Brick E Brick A Across the Street: Same brick or masonry cannot be placed on a Lot across the street or diagonal from any other brick or masonry (example above: Brick B).] C. Siding and Masonry All building materials must be approved in advance by the Alsatian Oaks Reviewer, and only new building materials may be used for constructing any Improvements. Exteriors. The exterior of each primary residence on a Lot shall be constructed of a minimum of masonry construction of 75% (three full sides) of the façade, and such requirement applies to the
ments. Exteriors. The exterior of each primary residence on a Lot shall be constructed of a minimum of masonry construction of 75% (three full sides) of the façade, and such requirement applies to the first and second stories of a home, and extends up to the roofline. Material Choice: Masonry, as used herein, consists of brick, stone, cultured stone or stucco or other similar products approved by the Alsatian Oaks Reviewer. Only new building materials shall be used for constructing Improvements. Exclusions. Roofs, eaves, dormers, soffits, windows, gables, doors, garage doors, decorative trim, and trim work are not required to be constructed of masonry. Trim/Paint. An Owner is permitted to repaint his or her residence the same color as it was painted previously without the prior approval of the Alsatian Oaks Reviewer. Any change in the color/stain of any of the trim, siding, front door, or shutters located on a residence must be approved in advance by the Alsatian Oaks Reviewer. Projections. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, porches, railings and exterior stairways must match the color of the surface from which they project, unless otherwise approved by the Alsatian Oaks Reviewer. If a chimney or fireplace chase is located on the side of a residence, then it is required to 4850-8010-1865v.6 65811-1 7/12/2022 4 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 8 of 22 be constructed of masonry. constructed of masonry. If the chimney is internal, then it shall not be required to be D. Prohibited Elements: О О О О Vertical siding or wood shake siding (wood siding accents may be permitted if approved by the Alsatian Oaks Reviewer).
is internal, then it shall not be required to be D. Prohibited Elements: О О О О Vertical siding or wood shake siding (wood siding accents may be permitted if approved by the Alsatian Oaks Reviewer). Highly reflective finishes on exterior surfaces (other than non-mirrored glass or on surfaces of hardware fixtures). Mirrored glass. No vivid/bright colors, including but not limited to yellow, pink, purple, red, blue, or orange. Concrete block. Exposed metal roof decks such as galvanized steel sheets. Square Footage All single-story and two-story detached dwellings are required to be a minimum of 1,400 square feet. E. Calculation. For the purpose of calculating total square footage, open, covered, or screened porches, terraces, patios, decks, driveways, garages, storage facilities and walkways shall be excluded. Other detached accessory uses such as cabanas or garages are permitted, but will not count toward the minimum square footage requirement. The calculation of square feet shall be measured from outside surface to outside surface. Variances. The Alsatian Oaks Reviewer may, at its sole discretion, approve variances to the minimum and maximum square footages allowable on different Lot products. Temporary/Accessory Structures Detached accessory structures such as cabanas, garden buildings, detached garages or storage buildings (which are in compliance with the Development Area Declaration) are permitted if approved in advance by the Alsatian Oaks Reviewer. • Permitted Structures. Such accessory structures: (1) must be constructed with colors similar to the primary residence, neutral, or earth tone colors, including the roof (as determined by the Alsatian Oaks Reviewer); (2) must be no larger than ninety-six (96) square feet; (3) shall not exceed the
the primary residence, neutral, or earth tone colors, including the roof (as determined by the Alsatian Oaks Reviewer); (2) must be no larger than ninety-six (96) square feet; (3) shall not exceed the lesser of six feet (6') in height or the height of the privacy fence constructed on the Lot; and (4) must be shielded from view from the street by either the residence or fencing. For clarity, accessory structure are not permitted to be visible from the street. • Location. No accessory structures shall be located nearer than five feet (5') to an interior lot line. The location of such structures shall not conflict with any Plat or Applicable Law, or be located closer than ten feet (10') from the primary structure on another Lot. Roof eaves are not to be considered when calculating these distances. 4850-8010-1865v.6 65811-1 7/12/2022 5 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 9 of 22 Square Footage Calculations. Permitted accessory structures do not count toward the minimum square footage requirements of these Design Guidelines. Variances. The Alsatian Oaks Reviewer may, at its sole discretion, approve variances on an individual basis F. Building Height Proposed heights must be compatible with adjacent structures and be compatible with existing or anticipated structure heights on Lots located above or below the Lot on which the proposed residence will be constructed and must be approved in writing by the Alsatian Oaks Reviewer, prior to commencement of construction. G. Structure Height. Unless otherwise approved in advance by the Alsatian Oaks Reviewer, no building or residential structure may exceed thirty-five feet (35') in height as measured as the
nstruction. G. Structure Height. Unless otherwise approved in advance by the Alsatian Oaks Reviewer, no building or residential structure may exceed thirty-five feet (35') in height as measured as the vertical distance between the finished floor elevation at any point within the structure and the highest ridge, peak or gable (exclusive of chimneys and ventilators). Views. Views are neither guaranteed, preserved nor protected within Alsatian Oaks. Roofs and Chimneys The pitch, color and composition of all roof materials must be approved in writing by the Alsatian Oaks Reviewer, prior to commencement of construction. Roof vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the roof unless approved in advance by the Alsatian Oaks Reviewer. Accepted Roof Pitch: Unless otherwise approved in advance by the Alsatian Oaks Reviewer, the roof pitch of the primary residence erected on a Lot must be appropriate for the style of the home with a pitch of no less than 6:12, including for porches and roofs added as architectural features. Accepted Roof Materials: Roofing materials shall be limited to approved "weatherwood" or earthen colored non-reflective metal, clay, tile or 3-dimensional composition shingles with a rating of 30 years or more that conform to or exceed applicable local, FHA and VA requirements. Energy Efficiency Roofing. In addition, roofs of buildings may be constructed with "Energy Efficiency Roofing" with the advance written approval of the Alsatian Oaks Reviewer and in accordance with the "Energy Efficiency Roofing" provision set forth in the Development Area Declaration. Chimneys. Chimney style must be appropriate for the style of the home and may be brick or other
accordance with the "Energy Efficiency Roofing" provision set forth in the Development Area Declaration. Chimneys. Chimney style must be appropriate for the style of the home and may be brick or other masonry matching with the same permitted colors and materials as permitted on the body of the house; provided however, that any chimney located on the interior portion of the roof may also include cementitious materials solely or in addition to the brick or other masonry. 4850-8010-1865v.6 65811-1 7/12/2022 6 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 10 of 22 Other Materials. Any other type of chimney or roofing material shall be permitted only with the advance written approval of the Alsatian Oaks Reviewer. Prohibited Elements: о Excessively pitched roofs. Mansard, gambrel or chalet roofs. О Flat roofs (less than 3:12). О Non-dimensional or three tab composition shingles. Roofs constructed too steep or too shallow for the style of the home. Shed roofs except as incidental to the main roof. Glossy metal and/or reflective materials or bright colors. Natural or silver Galvalume. Roof vents on the front plane of the home. On corner lots, roof vents on street side (unless prior written approval obtained). Stove-pipe chimneys, prominent chimneys or other random roof penetrations. Vents or skylights facing the street. White or bubble skylights. H. Foundations The foundation of any residence constructed within the Development shall be built on engineered, concrete slabs. Pier and beam construction and manufactured or mobile homes are prohibited within the Development. I. Driveways The design, construction materials, and location of: (i) all driveways, and (ii) culverts
ier and beam construction and manufactured or mobile homes are prohibited within the Development. I. Driveways The design, construction materials, and location of: (i) all driveways, and (ii) culverts incorporated into driveways for ditch or drainage crossings, must be approved by the Alsatian Oaks Reviewer, prior to commencement of construction. Architectural Plans. Driveway design, plot plan and specifications shall be submitted with architectural plans. Materials. Driveways shall be concrete or similar substance with approval of the Alsatian Oaks Reviewer, prior to the commencement of construction. J. Garages All garages shall be approved in advance of construction by the Alsatian Oaks Reviewer. 4850-8010-1865v.6 65811-1 7/12/2022 ALSATIAN OAKS 7 DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 11 of 22 Enclosed Garage. Improvements constructed on each Lot must include a private, enclosed garage capable at all times of housing at least two (2) standard size automobiles, unless approved in writing by the Alsatian Oaks Reviewer. Features. Interior walls of all garages must be finished with sheetrock, textured and painted at a minimum. Each garage shall have garage doors that are wired so as to be operated by electric door openers and automatic door openers are required for all garage doors. • Prohibited Elements: K. О Carports. ○ Open (not enclosed) automobile storage. Windows and Doors All windows and doors shall be approved in advance of construction by the Alsatian Oaks Reviewer. L. Windows. Windows, jambs and mullions shall be composed of anodized aluminum, vinyl, or wood. All front elevation windows shall have baked-on painted aluminum windows (no mill finish). Doors. Doors shall be wood or composite wood or fiberglass if visible from the street.
minum, vinyl, or wood. All front elevation windows shall have baked-on painted aluminum windows (no mill finish). Doors. Doors shall be wood or composite wood or fiberglass if visible from the street. Gangboxes Gangboxes (not separate, individual mailboxes) shall be utilized throughout Alsatian Oaks, and shall be constructed of a material and design approved by the Alsatian Oaks Reviewer. M. Exterior Lighting Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the Alsatian Oaks Reviewer. N. Solar Energy Devices The requirements for the installation of Solar Energy Devices are set forth in the Development Area Declaration. O. Satellite Dishes 4850-8010-1865v.6 65811-1 7/12/2022 8 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 12 of 22 The requirements for the installation of Satellite Dishes are set forth in the Development Area Declaration. P. HVAC, Pool Equipment, Garbage Containers, and Noise-generating Equipment Screening HVAC machines and compressors, and any other mechanical or electrical devices, pool equipment, garbage containers, and any noise-generating equipment shall be enclosed by a structural screening element constructed of materials approved by the Alsatian Oaks Reviewer. If screening is by landscaping, complete screening will be accomplished with initial material installation, rather than achieved with growth at maturity. Q. Walls, Fences and Hedges; and Sidewalks All walls, fences, hedges and sidewalks shall be approved in advance of construction by the Alsatian Oaks Reviewer.
er than achieved with growth at maturity. Q. Walls, Fences and Hedges; and Sidewalks All walls, fences, hedges and sidewalks shall be approved in advance of construction by the Alsatian Oaks Reviewer. All walls, fences, planters and hedges shall be maintained and constructed in accordance with any rules or Design Guidelines adopted by the Declarant or the Alsatian Oaks Reviewer. The design, type, and materials of all fences, including but not limited to ornamental fencing, must be approved by the Alsatian Oaks Reviewer prior to construction. No wall, fence, or hedge in excess of six feet (6') in height shall be erected and maintained on a side lot line from a point located three feet (3') back from the front exterior corner of the main residential structure, backward to the rear property line on a Lot. On corner lots, side yard fences must be set back from the side property line one-half (½) of the side building line setback shown on the Plat. If no side building setback is shown on the Plat, then side yard fences must be set back from the side property line halfway between the building line and the property line. Perimeter fencing on all Lots shall be maintained to a fence standard equivalent to original construction and all fencing must be consistent with this Declaration and any rules or Design Guidelines adopted by the Declarant or the Alsatian Oaks Reviewer. Materials. Fences and walls shall be constructed of masonry, brick, wood or other material approved by the Alsatian Oaks Reviewer. Fences of wire of chain link are prohibited. Height. The maximum height of fences is eight feet (8′). Appearance. Any fence or portion there of that faces a public street shall be constructed so that
Fences of wire of chain link are prohibited. Height. The maximum height of fences is eight feet (8′). Appearance. Any fence or portion there of that faces a public street shall be constructed so that all structural members and, unless the Alsatian Oaks Reviewer determines otherwise, support posts will be on the side of the fence away from the street and are not visible from any public right-of-way. The appearance of all fences on a Lot shall be uniform. 4850-8010-1865v.6 65811-1 7/12/2022 9 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 13 of 22 R. Aesthetic Appeal The Alsatian Oaks Reviewer may disapprove the construction or design of a residence on purely aesthetic grounds. Any prior decisions of the Alsatian Oaks Reviewer regarding matters of design or aesthetics shall not be deemed to have set a precedent if the Alsatian Oaks Reviewer feels that the repetition of such actions would have any adverse effect on the community. A. Landscape VII. Landscape Guidelines General landscaping guidelines for each Lot are set forth below. All landscapes and landscaping must be approved in writing by the Alsatian Oaks Reviewer prior to installation. Plans. Each Owner shall be required, at such Owner's sole cost and expense, to install landscaping upon such Owner's Lot in accordance with landscaping plans approved in advance of installation by the Alsatian Oaks Reviewer. Such landscaping plans must be approved by the Alsatian Oaks Reviewer prior to occupancy of the residence located on the Lot to which such landscaping plans relate. All landscaping shown on the landscaping plans and specifications approved by the Alsatian Oaks Reviewer shall be installed, and all such landscaping shall be
t to which such landscaping plans relate. All landscaping shown on the landscaping plans and specifications approved by the Alsatian Oaks Reviewer shall be installed, and all such landscaping shall be completed, on or before three (3) months after the landscaping plans have been approved by the Alsatian Oaks Reviewer. Disease Control. The Alsatian Oaks Reviewer or its assigns shall be entitled to make recommendations with respect to tree disease control, whereupon the Owner or Owners to whom such recommendations are directed shall be obligated to comply with such recommendations, which may include, but not be limited to tree removal and replacement. Minimum. Each 50' and 60' Lot shall be landscaped, at a minimum, with the following: full sodded front and side yards (in front of fences), with backyards to be fully sodded by the Owner within thirty (30) days after acquiring the Lot. Each 50' Lot shall also have a minimum of two (2) trees and two (2) rows of shrubs. Each 60' Lot shall also have a minimum of three (3) trees and two (2) rows of shrubs. The minimum acceptable size of the trees required in this Section shall be two hundred (200) gallons. Required Landscaping. All Owners are required to landscape front yards, side yards and adjacent to building foundations. Trees, shrubs, ground covers, seasonal color and sodded grass shall be used in these areas to achieve the landscape intent according to the landscaping plans approved by Alsatian Oaks Reviewer. Maintenance. Lawns shall be mowed and maintained in an attractive manner, free of weeds. Grass shall be trimmed away from sidewalks, buildings, planted areas and other obstacles. It is suggested that line trimmers, mechanical edgers and chemicals be employed to keep a neat, tidy
of weeds. Grass shall be trimmed away from sidewalks, buildings, planted areas and other obstacles. It is suggested that line trimmers, mechanical edgers and chemicals be employed to keep a neat, tidy appearance. Landscaping shall be maintained in an attractive manner and pruned to avoid 4850-8010-1865v.6 65811-1 7/12/2022 10 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 14 of 22 B. blocking clear view of signs, address marker, illumination by light fixtures, the flow of air vents and air conditioner compressors, as well as pedestrian and vehicular traffic. Landscape Inspection The Alsatian Oaks Reviewer may, upon the Owner's completion of the installation of landscaping, conduct an on-site inspection of the property to ensure compliance with the approved plan. C. Drainage There shall be no interference with the established drainage patterns except by Declarant, unless adequate provision is made for proper drainage and such provision has been certified by a professional engineer and approved in advance by the Alsatian Oaks Reviewer. D. Site Drainage. Responsibility for proper site drainage rests with the Owner. Each Owner is solely responsible for correcting any change in water flow or drainage caused by the construction of improvements on such Owner's Lot. Decks The materials, location and construction of all decks must be approved in advance by the Alsatian Oaks Reviewer. E. Pools, Spas and Hot Tubs An application must be submitted to the Alsatian Oaks Reviewer in conjunction with the review of any application for any proposed swimming pool, spa, or hot tub. The materials, location and construction of all pools, spas and hot tubs must be approved in advance by the Alsatian Oaks Reviewer.
of any application for any proposed swimming pool, spa, or hot tub. The materials, location and construction of all pools, spas and hot tubs must be approved in advance by the Alsatian Oaks Reviewer. No access across another Lot or greenbelt/open space area for the purpose of building or maintaining a swimming pool, spa or hot tub is permitted without the prior written approval of the other Owner or the Alsatian Oaks Reviewer, in the case of greenbelts/open spaces. Any swimming pool constructed on a Lot must be enclosed with a fence or other enclosure device completely surrounding the swimming pool which, at a minimum, satisfies all Applicable Law and be approved in advance by the Alsatian Oaks Reviewer. Nothing in this section intended or shall be construed to limit or affect an Owner's obligation to comply with any Applicable Law concerning swimming pool enclosure requirements. Unless otherwise approved in advance by the Alsatian Oaks Reviewer, above-ground or temporary swimming pools are not permitted on a Lot. F. Playscapes, Trampolines and Sport Courts 4850-8010-1865v.6 65811-1 7/12/2022 11 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 15 of 22 Playscapes, recreational or sport courts and trampolines must be approved in writing by the Alsatian Oaks Reviewer prior to the commencement of construction or placement. Playscapes and sport courts are permissible at the sole discretion of the Alsatian Oaks Reviewer. If allowed, these facilities must be: (i) properly sited and screened so as to minimize the visual and audio impact of the facility on adjacent properties; (ii) the height of a playscape, measured from the surface of the Lot, is no more than ten (10) feet; (iii) the canopy cover of any playscape
al and audio impact of the facility on adjacent properties; (ii) the height of a playscape, measured from the surface of the Lot, is no more than ten (10) feet; (iii) the canopy cover of any playscape shall be constructed of earth tone materials; and (iv) sport courts may not be lighted or enclosed with netting. Tennis courts are not permitted VIII. Erosion Control and Construction Regulations The following restrictions shall apply to all construction activities at Alsatian Oaks. It is the responsibility of all Owners and/or contractors to adhere to State and Federal stormwater runoff protection and prevention requirements that may be applicable to their construction activities and to obtain proper permits as may be required. Periodic inspections by a representative of the Alsatian Oaks Reviewer may take place in order to identify non-complying construction activities. If items identified as not complying with the regulations are not remedied in a timely manner, fines will be levied. A. Erosion Control Installation and Maintenance Upon written approval by the Alsatian Oaks Reviewer, it is the responsibility of the Owner to install erosion and sedimentation control measures prior to the start of construction and to maintain the measures throughout construction. Limits of Construction. Construction site disturbance shall be limited to the extent feasible based on good design practice and construction techniques; the areas of approved disturbance shall be defined by silt fence, chain link fencing, orange plastic mesh fencing or other appropriate methods. Silt Fencing. Silt fencing installed to all applicable standards is required to be properly installed and maintained to protect the low sides of all disturbed areas, where storm-water will flow
thods. Silt Fencing. Silt fencing installed to all applicable standards is required to be properly installed and maintained to protect the low sides of all disturbed areas, where storm-water will flow during construction. The purpose of the silt fence is to capture the sediment from the runoff and to permit filtered, clean water to exit the site. Sediment Removal. Built-up sediment will need to be removed from the silt fence after heavy or successive rains, and that any breach in the fencing will need to be repaired or replaced immediately. If for any reason the silt fence is to be temporarily removed, a representative of the Alsatian Oaks Reviewer must be contacted prior to the removal. B. Security 4850-8010-1865v.6 65811-1 7/12/2022 12 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 16 of 22 Neither the Alsatian Oaks Reviewer, the Association, nor the Declarant shall be responsible for the security of job sites during construction. If theft or vandalism occurs, the Owner should first contact the local police department and then notify the Alsatian Oaks Reviewer. C. Construction Hours Unless a written waiver is obtained from the Alsatian Oaks Reviewer, construction may only take place as follows: • • Hours. Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00 a.m. until 6:00 p.m. On Sundays, only job site cleaning and interior work is allowed, as long as there is not a noise nuisance. Holidays. There shall be no construction on New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day. • Waivers. Waivers may be given for the pouring of concrete slabs during the summer months. D. Noise, Animals, Children
, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day. • Waivers. Waivers may be given for the pouring of concrete slabs during the summer months. D. Noise, Animals, Children The use of music devices and noise must be restrained so as not to be heard on an adjoining Lot or street. Contractors and subcontractors may not bring dogs or children less than sixteen (16) years of age to construction sites. E. Material and Equipment Storage All construction materials and equipment shall be neatly stacked, properly covered and secured. Any storage of materials or equipment shall be the Owner's responsibility and at their risk. Owners may not disturb, damage or trespass on other Lots or adjacent property. F. Insurance The Alsatian Oaks Reviewer may require an Owner to procure adequate commercial liability insurance during construction naming the Association, the Declarant and the Alsatian Oaks Reviewer as additional insureds in an amount to be determined, from time to time, by the Alsatian Oaks Reviewer. G. Site Cleanliness During the construction period, each construction site shall be kept neat and shall be properly policed to prevent it from becoming an eyesore. Fencing. Brightly colored construction fence must be installed before the start of construction on all side lot lines where a residence is being constructed next to an existing occupied residence. 4850-8010-1865v.6 65811-1 7/12/2022 13 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 17 of 22 Trash Containers. Owners and Homebuilders shall clean up all trash and debris on the construction site. Trash and debris shall be removed from each construction site on a timely basis. The Alsatian Oaks Reviewer will have the authority to require that one dumpster be
and debris on the construction site. Trash and debris shall be removed from each construction site on a timely basis. The Alsatian Oaks Reviewer will have the authority to require that one dumpster be provided to serve no more than two (2) Lots. In addition to any dumpster, a trash receptacle approved in advance by the Alsatian Oaks Reviewer will be located on each Lot during construction. Trash receptacles must be emptied periodically and will not be permitted to overflow. Chain link fencing is not an acceptable enclosure material for temporarily containing trash. Lightweight material, packaging and other items shall be covered or weighted down to prevent wind from blowing such materials off the construction site. No Dumping or Burning. anywhere in Alsatian Oaks. The dumping, burying or burning of trash is not permitted Heavy Equipment and Debris. When moving heavy equipment, precautions must be taken to prevent damage to pavement, curbs, and vegetation. Track loaders are not to be operated on paved or concrete surfaces. Mud, dirt and other construction debris that is tracked off the construction site shall be cleaned on a daily basis. Skid steer loaders are not to be used to clean the streets by scraping them. H. Sanitary Facilities A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of construction workers on or within three (3) Lots of the construction site. I. Construction Parking & Construction Trailers Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be permitted to leak oil or otherwise damage or deface any street located within the community. The Restrictions permit Declarant to maintain and locate construction trailers and construction
cle will be permitted to leak oil or otherwise damage or deface any street located within the community. The Restrictions permit Declarant to maintain and locate construction trailers and construction tools and equipment within the Property. Upon written approval from the Alsatian Oaks Reviewer, a Homebuilder may be permitted to establish a construction trailer, field office or similar temporary structure by submitting along with the application for approval, a copy of the site plan with proposed locations of trailer, field office or similar temporary structure with a trash receptacle noted thereon. The trash receptacle shall be of an approved size. Such temporary structure, if approved, must be removed immediately upon completion of construction. Approval by the Alsatian Oaks Reviewer shall not relieve Homebuilder from the obligation to apply for and obtain any other governmental permits before moving any such construction trailer, field office, etc. onto the Property. J. Schedule of Construction Fines Periodic inspections by a representative of the Alsatian Oaks Reviewer may take place in order to identify non-complying construction activities. Listed below is the schedule of fines which may be assessed. 4850-8010-1865v.6 65811-1 7/12/2022 14 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 18 of 22 Schedule of Fines Premature Clearing Construction Without Alsatian Oaks Reviewer Approval Encroachment on Adjacent Properties Violation of Rules, Restriction or Guidelines Failure to Install and/or Maintain Erosion Control Measures *Greenbelt/Open Space Lot violation Sign Violation $500 $500 $500 plus cost of repair $50/day $100/day $500 $50 per sign/incident
Guidelines Failure to Install and/or Maintain Erosion Control Measures *Greenbelt/Open Space Lot violation Sign Violation $500 $500 $500 plus cost of repair $50/day $100/day $500 $50 per sign/incident *In the event, the Association or the Alsatian Oaks Reviewer is required to repair, clean up or provide necessary service to bring the improvement into compliance, the Owner will be assessed the cost of repair, clean up, or service plus an additional fifty percent (50%) for time and service expended. IX. Plan Review Process The construction or installation of any improvements, changes to existing improvements, or the reconstruction of improvements, will require the submission of plans and specifications for approval of the Alsatian Oaks Reviewer before any such construction or installation activity is commenced. The Alsatian Oaks Reviewer may waive plan and specification requirements for certain modifications or improvements at its discretion. A. Submittals The Plan Review Process includes a preliminary review and a Final Approval by the Alsatian Oaks Reviewer. All applications, documents, and applicable review fees shall be submitted to Alsatian Oaks Reviewer one (1) week prior to the review. Preliminary Review - Submittal of a site plan showing the specific residence on the specific Lot upon which it is proposed to be built. The plan must show compliance with all set-backs and the location of and material to be used for driveway, sidewalks, patios, decks, and any ancillary improvements along with residence siding, roof, trim colors, and siding and trim materials. The plan must also include the placement of required landscaping plants and any additional landscape improvements that may be specific to the particular residence. Four (4) copies of a
trim materials. The plan must also include the placement of required landscaping plants and any additional landscape improvements that may be specific to the particular residence. Four (4) copies of a completed Preliminary Review Application attached hereto as Attachment 1 must be submitted to the Alsatian Oaks Reviewer one (1) week prior to the review. Final Approval - To obtain Final Approval, not less than five (5) copies of the completed Final Approval Application attached hereto as Attachment 2 must be submitted to the Alsatian Oaks Reviewer, including any information or materials requested but not previously provided or 4850-8010-1865v.6 65811-1 7/12/2022 15 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 19 of 22 submitted. Improvements on a Lot may not commence until such Final Approval Application has been submitted and executed by Alsatian Oaks Reviewer. B. Timing The Alsatian Oaks Reviewer will attempt to review all applications and submittals within thirty (30) days after submission. Please plan construction activities to allow sufficient time for submittals and review as outlined above, and for obtaining Final Approval prior to commencement. C. Initiation and Completion of Construction Unless otherwise approved in writing by the Alsatian Oaks Reviewer, each Owner: (i) is required to obtain Final Approval from the Alsatian Oaks Reviewer for the single family residential structure to be constructed on such Owner's Lot on or before the expiration of two (2) years after the Owner acquires title to the Lot; (ii) must commence construction of the single family residence and other improvements set forth on the Final Approval Application on or before one (1) year after the Final Approval Application has been approved by Alsatian Oaks
tion of the single family residence and other improvements set forth on the Final Approval Application on or before one (1) year after the Final Approval Application has been approved by Alsatian Oaks Reviewer; and (iii) must complete construction of the single family residence within one (1) year after construction the single family commencement of of residence. 4850-8010-1865v.6 65811-1 7/12/2022 16 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 20 of 22 Deliver two (2) copies to: ATTACHMENT 1 ALSATIAN OAKS PRELIMINARY REVIEW APPLICATION ALSATIAN OAKS REVIEWER c/o Nicolas Weinheimer 4040 Broadway, Suite 508, San Antonio, Texas 78209 Date: Property Address: Lot: Block: Property Owners Name: Phase: Phone: (210) 477-7446 Email: [email protected] Section: Property Owners Address: Phone #. Architect: Landscape Architect: Contractor: Architectural Style #: . Conditioned First Floor Square Footage: Conditioned Second Floor Square Footage: Total Conditioned Square Footage: Garage Square Footage: Covered Porch Square Footage: Brick Manufacturer and Color: Stone Type and Color: . Stucco Color: Roof Pitch: Paint Color: Trim Color: Work No. Phone No. Phone No. Phone No. Roof Color: Submittal Information: Site Plan (to include tree and topo, proposed footprint, driveways, walkways) Elevations (all sides of all structures, to include details and color samples) Floor Plans (precise layout including room labels & sq. ft. of all buildings) Landscape Design (detailed plant & tree identification and layout) Style Declaration Septic location and grading plan Proposed list of materials, colors and sample of exterior finishes as requested. Photos as needed (optional) Other Notes: See application for additional information to be submitted.
n and grading plan Proposed list of materials, colors and sample of exterior finishes as requested. Photos as needed (optional) Other Notes: See application for additional information to be submitted. Note that the architect or building designer should attend this meeting. Comments: Builder Name: By: APPROVED BY: ALSATIAN OAKS REVIEWER: (signature) Approval Date: 4850-8010-1865v.6 65811-1 7/12/2022 ATTACHMENT 1 ALSATIAN OAKS DESIGN GUIDELINES 2022 - 2022011147 10/25/2022 02:42 PM Page 21 of 22 ATTACHMENT 2 ALSATIAN OAKS FINAL APPROVAL APPLICATION Deliver not less than two (2) copies [1 copy to be returned to applicant with response] to: ALSATIAN OAKS REVIEWER c/o Nicolas Weinheimer 4040 Broadway, Suite 508, San Antonio, Texas 78209 Date: Property Address: Lot: Property Owners Name: Property Owners Address: Phone #. Architect: Landscape Architect: Contractor: Phone: (210) 477-7446 Email: [email protected] Work No. Phone No. Phone No. Phone No. Architectural Style #: Conditioned First Floor Square Footage: Conditioned Second Floor Square Footage: Total Conditioned Square Footage: Garage Square Footage: Covered Porch Square Footage: Brick Manufacturer and Color: Stone Type and Color: Stucco Color: Roof Pitch: Paint Color: Trim Color: Roof Color: Submittal Information: Site Plan (all preliminary information, utility connections, other pertinent information) Elevations (any revisions to preliminary, color and sample boards on request) Floor Plans (precise layout including room labels & sq. ft. of all buildings) Landscape Design (complete plan delineating all landscaping, fencing, hardscape materials, plantings, irrigation, drainage, lighting, "street tree" specimens and locations) Photos as needed (optional) Comments: Builder Name: By: APPROVED BY:
ng all landscaping, fencing, hardscape materials, plantings, irrigation, drainage, lighting, "street tree" specimens and locations) Photos as needed (optional) Comments: Builder Name: By: APPROVED BY: ALSATIAN OAKS REVIEWER: Approval Date: 4850-8010-1865v.6 65811-1 7/12/2022 (signature) ATTACHMENT 2 ALSATIAN OAKS DESIGN GUIDELINES 2022-2022011147 10/25/2022 2:42 PM Page 22 of 22 Medina County Gina Champion Medina County Clerk Recorded On: October 25, 2022 02:42 PM Total Recording: $106.00 Instrument Number: 2022011147 eRecording - Real Property RESTRICTIONS Number of Pages: 22 " Examined and Charged as Follows: *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2022011147 Receipt Number: 20221025000051 Recorded Date/Time: October 25, 2022 02:42 PM Record and Return To: Simplifile 484 North 300 West, Suite 202 User: Station: COUNTY COUNTY OF Seth D ccscan3.medinacounty.local Provo UT COURT MEDINA STATE OF TEXAS MEDINA COUNTY I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Medina County, Texas. Gina Champion Medina County Clerk Medina County, TX