Searchable OCR View

HOA: Alsatian Oaks Master Community Association, Inc.
Document: Alsatian Oaks Master Community Association, Inc./SAMC.GOV.xx.20221020.Design_Guidelines.pdf
Showing all chunks.
Chunk 0 · Pages 1-2
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.
Chunk 1 · Pages 2-4
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
Chunk 2 · Pages unknown
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
Chunk 3 · Page 5
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
Chunk 4 · Pages 5-6
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
Chunk 5 · Pages unknown
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
Chunk 6 · Page 7
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
Chunk 7 · Pages 7-8
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).
Chunk 8 · Pages unknown
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
Chunk 9 · Page 9
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
Chunk 10 · Pages unknown
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
Chunk 11 · Page 10
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
Chunk 12 · Pages 10-11
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.
Chunk 13 · Pages 11-12
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.
Chunk 14 · Pages unknown
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
Chunk 15 · Page 13
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
Chunk 16 · Pages unknown
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
Chunk 17 · Page 14
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.
Chunk 18 · Pages 14-15
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
Chunk 19 · Pages unknown
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
Chunk 20 · Page 16
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
Chunk 21 · Pages 16-17
, 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
Chunk 22 · Pages unknown
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
Chunk 23 · Page 18
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
Chunk 24 · Pages unknown
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
Chunk 25 · Page 19
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
Chunk 26 · Pages 19-20
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.
Chunk 27 · Pages 20-21
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:
Chunk 28 · Pages 21-22
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