O-1368-9-95ORDINANCE NO. 1368-9-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING CHAPTER 13 OF THE ALLEN CODE OF ORDINANCES BY
PROVIDING FOR PRIVATE STREET REGULATIONS GOVERNING THE
CRITERIA FOR GRANTING APPROVAL FOR THE PLATTING,
CONSTRUCTION AND MAINTENANCE OF PRIVATE STREETS;
PROVIDING FOR THE FORMATION AND APPROVAL OF PROPERTY
OWNERS ASSOCIATIONS FOR THE MAINTENANCE OF PRIVATE
STREETS; PROVIDING FOR THE REPEAL OF ANY ORDINANCE IN
CONFLICT HIItEWITH; PROVIDING FOR SEVERABILITY; PROVIDING
FOR A PENALTY FOR THE VIOLATION, PROVIDING FOR NO VESTED
INTEREST; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF
TMS ORDINANCE; AND PROVIDING FOR AN DATE.
VIE[EREAS, it is the intent of the City Council of the City of Allen, Texas, that these private street
regulations will:
(A) Allow private street developments to occur within the City of Allen on a limited and
restrictive basis;
(B) Provide for private street developments as one type of residential development
mechanism to allow the City of Allen to continue to be competitive in the development
market; and,
(C) Provide a broader variety of residential areas to meet the needs of the residents of the
City of Allen; and,
WHEREAS, the City Council of the City of Allen believes these private street regulations will have a
positive affect in the City; and,
WHEREAS, the City Council believes these private street regulations are appropriate for an ordinance
to guide these developments, and such ordinance should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, Chapter 13 of the Allen Code of
Ordinances is hereby amended by providing for private street regulations pursuant to the Private Street
Subdivision Guidelines set forth in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2: No developer or property owner shall acquire any vested interest in this ordinance or
the specific regulations contained herein. This ordinance and any subsequent site plan and regulations
may be amended or repealed by the City Council of the City of Allen, Texas, in the manner provided
by law.
SECTION 3: All ordinances of the City of Allen in conflict with the provisions of this ordinance be,
and the same are hereby repealed; provided, however, that all other provisions of said ordinances not
in conflict herewith shall remain in full force and effect.
SECTION 4: Any person, parties in interest, or corporation who shall violate any of the provisions
of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to
prosecution, and upon conviction shall be punished by a fine of not more than Five Hundred Dollars
($500.00), and each day that such violation shall be permitted to exist or continue shall constitute a
separate offense. These penal provisions shall not prevent an action on behalf of the City of Allen to
enjoin any violation of the terms of this ordinance or an action for mandatory injunction to remove any
previous violation hereof.
SECTION 5: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SEGTI'ION 6: This ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 21ST DAY OF SEPTEMBER, 1995.
APPROVED:
4'e- Osc��
J& Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
der,-C'!'I Y AT3'ORNEY J Mo CMC, CITY SECRETARY
Ordinance No. 1368-9-95 Page 2
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy
PRIVATE STREET SUBDIVISION GUIDELINES
W.. 0.3
EXHIBIT A
Section 1. Intent and purpose .................................................. 2
Section 2.
Definitions........................................................ 2
Section 3.
Administrative procedure . ...........................................
4
Section 4.
Qualifying Criteria . ................................................
4
Section 5
General requirements . ..............................................
5
Section 6
Specific requirements ...............................................
5
Section 7
Conversion of public streets to private streets . ...........................
6
Section 8
Relationship to the City of Allen Comprehensive Plan . ....................
7
Section 9
Property owners association ...........................................
7
Section 10
Conversion of private streets to public streets . ...........................
9
Section 11
Design standards ..................................................
10
Section 12
Maintenance.....................................................
11
Section 13
Miscellaneous....................................................
11
Page 1 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A _
PRIVATE STREET SUBDIVISION GUIDELINES
Section 1. Intent and purpose.
It is the intent of these private street regulations:
(1) To allow private street developments to occur within the City of Allen on a
limited and restrictive basis;
(2) To provide for private street developments as one type of residential development
mechanism to allow Allen to continue to be competitive in the development
market, and;
(3) To provide a broader variety of residential areas to meet the needs of the residents
of Allen.
General
(1) There shall be no required minimum or maximum acreage size and/or number of
lots within private street developments. However, number of lots and acreage will
be evaluated on a case-by-case basis.
(2) The location of each private street development will be subject to the approval of
the City Council, on a case-by-case basis, based on, among other matters, the
criteria described below. An applicant who meets the stated criteria will not be
entitled as a matter of right, but shall only obtain approval at the sole discretion of
the City Council.
Section 2. Definitions.
For the purposes of this section, the following words, except where the context clearly
indicates otherwise, shall be defined as follows:
(1) applicant: is the owner(s) of all the lots in the proposed subdivision or
homeowner's association, as the context allows.
(2) entry turnaround.• an esplanade opening or other accommodation provided at the
entrance to a private street development in order to allow vehicles denied access
Page 2 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A_
to re-enter the public street with a forward motion without unduly disturbing other
vehicles at the entrance.
(3) green belt: an open space area consisting of primarily natural features, that may
be located in a floodplain or along a creek channel or be used as a buffer between
land uses or be used as an open space linkage between various land uses.
(4) hike and bike trail: a hike and bike trail has a concrete surface and is a trail which
serves as a linkage for residential access to recreational and educational areas and
facilities.
(5) infrastructure: facilities and services needed to sustain industry, residential,
commercial and all other land use activities. Infrastructure includes water, sewer
lines, and other utilities, streets and roads, communications, and public facilities,
such as fire houses, parks, schools, and such.
(6) collector streets: for purpose of these regulations, shall mean a C2U collector or
larger, as indicated on the City of Allen Thoroughfare plan.
(7) park: a tract of land, designated and used by the public (or homeowners in the
case of private park area), for active or passive recreation.
(8) private street: a platted street or alley providing limited local traffic circulation
among adjacent lots which is privately owned and maintained, contained within a
private street lot, and constructed in accordance with the requirements of this
policy.
(9) private street lot: a separate lot owned by the property owners association
whereupon a private street is constructed.
(10) property owners association: an organization established for the ownership, care,
and maintenance of private streets, alleys and other private facilities.
(11) public utility and storm sewer easement: an easement upon a private street lot
having the same width as the lot which is intended to contain a privately owned
and maintained pavement as well as publicly owned and maintained water lines,
sanitary sewer lines, storm sewers and such other utility or franchise infrastructure
as can be reasonable accommodated.
(12) security stations: the facility controlling vehicular access to private street
developments which may be a mechanism or a manned structure.
Page 3 - September 22, 1995
City of Allen - Private Street Policy
ORDINANCE NO. 1368-9-95
EXHIBIT A
(13) stacking area: a setback measured from the public street right-of-way to the
security station.
(14) utility easement: an easement dedicated to the public for access, construction,
reconstruction, and maintenance to water lines, sanitary sewer lines, storm sewers,
and those franchises granted permission by the City, utility district, or county to
occupy the easement.
Unless otherwise defined herein, words contained in these regulations shall have the
meanings found in Zoning Ordinance No. 829-11-87 and the Subdivision Ordinance No. 1237-4-
94, and as said ordinances may be hereafter amended.
Section 3. Administrative procedure.
In order to qualify for consideration of a private street permit for new gated communities,
the applicant must also satisfy the criteria of the ordinance as set forth below. Existing
communities wishing to convert, may apply directly to the City Council:
Subdivision Ordinance: All applications for new private street developments shall be
processed through the City of Allen Subdivision Ordinance No. 1237-4-94, and as said
ordinance may be hereafter amended.
Section 4. Qualifying Criteria.
(1) The area must be within the corporate limits of the City of Allen.
(2) The area may be an existing or proposed residential development, and must be
zoned solely as a residential zoning district (that is, a zoning district the stated
purpose of which is to provide for primarily residential uses), except in the case of
a PD (Planned Development) zoning district, in which case the area must be
designated solely residential use.
(3) The area must be bounded on all sides by natural barriers, man-made barriers such
as a greenbelt, hike and bike trail, golf course or park, screening walls, or
collector streets.
(4) The area may not impede the current or future development of a thoroughfare.
(5) Area may not disrupt an existing or proposed City of Allen public pedestrian
pathway, hike and bike trail or park.
Page 4 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A
(6) Area must have direct access to a three -lane undivided collector thoroughfare
(C2U) with a minimum 60' right-of-way. _
Section 5 General requirements.
(1) The private street system must comply with design standards of the Subdivision
Ordinance No. 1237-4-94. All references in the Subdivision Ordinance to "public
right-of-way" shall apply to private street lots.
(2) The private street system must provide access for emergency vehicles, public and
private utility maintenance and service personnel, the U.S. Postal Service, and
government employees in pursuit of their official duties.
(3) The Private Street Permit shall terminate at such time as the development ceases
to be used solely for residential purposes.
Section 6 Specific requirements
(1) Each private street development plat shall contain the following wording on the
face of the plat: "The streets have not been dedicated to the public, for public
access nor have been accepted by the City as public improvements, and the streets
shall be maintained by the property owners association within the subdivision,
and the streets shall always be open to emergency vehicles, public and private
utility maintenance and service personnel, the U.S. Postal Service, and
governmental employees in pursuit of their official duties",
The type of gate or controlled access mechanism is subject to the approval of the
City of Allen Fire Marshal.
(2) All Private Street Permits will be adhered to in conjunction with the approval of
the final plat. All building lines as required by zoning shall, in the case of private
streets, be measured from the street easement line.
(3) Public Utility, and Storm Sewer Easement: Private streets and alleys shall be
located in a "public utility and storm sewer easement". The width of the easement
shall be the same as the required right-of-way for a public street.
(4) Easements: Private street developments shall provide the following easements:
(A) "public utility and storm sewer" easements containing private streets and
public utilities.
Page 5 - September 22, 1995
ORDINANCE NO. 1368•-9-95
City of Allen - Private Street Policy EXHIBIT A
(B) additional public utility easements required by public agencies.
(C) pre-existing easements unaffected by the platting process.
(D) such private service easements, including but not limited to, utilities, fire
lanes, street lighting, government vehicle access, mail collection and
delivery access, and utility meter reading access, as may be necessary or
convenient.
(5) Access: All private street developments shall be required to have a minimum of
one point of access to a public street with a right-of-way width of at least 60 feet.
(6) Site Plan: For each private street development, a site plan shall be submitted to
the City Council, and the following shall be submitted:
(A) Rendering of elevation of proposed structures, including description of
proposed building materials, roof pitches, signage, and such other items as
the City staff might reasonable request (said rendering of elevation of
proposed structures does not refer to residential structures, but rather to
other structures that are components of the private street development);
(B) Illustration of the relationship of the development to the Qualifying
Criteria section of this policy.
(C) Illustration of fencing, the guard house (if any) and entry way, and the
location of any other items within the private street development;
(D) Illustration of items outside the private street development, such as, but
not limited to, entrance area, entry turnaround, barriers, perimeter walls,
exterior landscaping, and other elements as required by City staff.
(7) Impact Fees: As applicable impact fees will be required as per City of Allen
Ordinance No. 1042-8-91 & 1310-1-95.
(8) Park Dedication: As applicable, park dedication requirements shall be made as
per City of Allen Ordinance No. 1102-4-92.
Section 7 Conversion of public streets to private streets.
For existing developments to become private:
Page 6 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A
(1) The property owners association must submit a petition signed by at least 70% of
its members (or a greater number of signatures if required by the articles of
incorporation of the property owners association).
(2) an applicant must purchase installed infrastructure and right-of-way from the City
of Allen, and establish a Reserve Fund in accordance with Section 9 (2,) Reserve
Fund, within this policy.
(3) An applicant must conform to all other provisions of this policy.
Section 8 Relationship to the City of Allen Comprehensive Plan.
The following components shall be evaluated when reviewing potential private street
developments. This evaluation will aid in logical implementation of the current City of Allen
Comprehensive plan.
(1) Future Land Use Plan: Impact on land uses, their configuration, and function
shall be examined as part of each request for a private street development.
(2) The Park MasterPlan and Greenbelt Trail System Plan: The proposed private
street development shall be evaluated to assess impact of private streets on access,
including ingress and egress, and continuity of the hike/bike/jogging/open space
linkage system within the community, as well as the functioning of other elements
of these plans.
(3) The Thoroughfare Plan: The proposed private street development will be
evaluated to assess its impact on the efficiency, convenience, and safe functioning
and implementation of the Plan.
Section 9 Property owners association.
(1) Property Owners Association Required: Subdivisions with private streets must
have a property owners association. The property owners association shall own
and be responsible for the maintenance of private streets and appurtenances. The
property owners association shall provide for the payment of dues and
assessments required to maintain the private streets. The property owners
association documents must be acceptable to the City of Allen at the time of final
plat approval. The approved document must be filed for record
contemporaneously with the filing of the final plat.
(2) Reserve Fund: The property owners association documents must establish a
Page 7 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A .
Reserve Fund for the maintenance of private streets and other improvements such
as common greenbelts, security station structures and equipment, and other
significant property owners association infrastructure. This Reserve Fund shall
not be co -mingled with any other property owners association fund. The balance
of the fund shall be equal to the total replacement cost of the private streets and
other improvements divided by the average life expectancy of those
improvements times the age of the improvements.
The property owners association shall have an annual review performed by a
certified public accounting firm verifying the amount in the Reserve Fund. The
replacement cost will be updated each year to current costs. A copy of this review
shall be provided to the City of Allen.
If the Private Street Permit is revoked or the private streets converted to public
streets the Reserve Fund shall become the property of the City of Allen.
(3) Membership Requirements: Every owner of a lot within the private street
development must be a member of the property owners association.
(4) Required Disclosures: The property owners association documents shall address,
but shall not be limited to, the following four paragraphs:
(A) The property owners association documents must indicate that the streets
within the development are private. owned and maintained by the property
owners association and that the City of Allen has no obligation to maintain
or reconstruct the private streets.
(B) The property owners association documents shall include a statement
indicating that the City of Allen may, but is not obligated to, inspect
private streets and require repairs necessary to insure that the same are
maintained to City standards.
(C) The property owners association may not be dissolved without the prior
written consent of the City of Allen. Nor may they stop collection of fees
without this consent.
(D) The section called Mandatory Conversion, section 7 (2), of these
regulations shall be included in the property owners association
documents, to increase the opportunity for awareness of mandatory
conversion of private streets to public streets.
Page 8 - September 22, 1995
ORDINANCE NO. 1368-9--95
City of Allen - Private Street Policy EXHIBIT A
(5) Assessment for Repairs - Assignment of Property Owners Association Lien
Rights: The property owners association declaration shall provide that should the
property owners association fail to carry out its duties as specified in these
Regulations, the City or its lawful agents shall have the right and ability, after due
notice to the property owners association, to perform the responsibilities of the
property owners association if the property owners association fails to do so in
compliance with any of the provisions of these Regulations or of any applicable
city codes, regulations or agreements with the City and to assess the property
owners association or the lot owners for all costs incurred by the City in
performing said responsibilities if the property owners association fails to do so,
and the City shall further have any and all liens and lien rights granted to the
property owners association to enforce the assessments required by the
declaration; and/or to avail itself of any other enforcement actions available to the
City pursuant to state or city codes and regulations.
No portion of the property owners association documents pertaining to the
maintenance of the private streets may be amended without the written consent of
the City of Allen.
(6) Services Not Provided: The property owners association documents shall note that
certain City of Allen services shall not be provided on private streets. Among the
services which will not be provided include: routine police, patrols, enforcement of
traffic and parking ordinances, and preparation of accident reports. Depending on
the characteristics of the proposed development other services may not be
provided.
(7) Access Required: The property owners association documents shall contain a
provision that requires access to emergency vehicles, utility personnel, the U.S.
Postal Service, and governmental employees in pursuit of their official duties.
Section 10 Conversion of private streets to public streets.
(1) Voluntary Conversion: The City of Allen may, but is not obligated to, accept
private streets for public access and maintenance. The procedure must conform to
all of the following provisions:
(A) The property owners association must submit a petition signed by at least
70% of its members (or a greater number of signatures if required by the
articles of incorporation of the property owners association).
(B) All of the infrastructure must be in a condition that is acceptable to the
Page 9 - September 22, 1995
ORDINANCE NO. 1368-9-95
City of Allen - Private Street Policy EXHIBIT A
City of Allen.
(C) All security stations and other structures not consistent with a public street
development must be removed.
(D) All monies in the Reserve Fund must be delivered to the City of Allen.
(E) The subdivision plat shall be submitted as a replat and upon approval shall
be re -filed to dedicate the public utility and storm sewer easement to the
public.
(F) The property owners association documents must be modified and re -filed
to remove requirements specific to private street subdivisions.
(2) Mandatory Conversion: The City of Allen will notify the property owners
association of violations of the private street regulations. Failure to bring the
subdivision into compliance with the regulations may cause the City of Allen to
revoke the Private Street Permit for the private streets.
If the Private Street Permit is revoked, the City of Allen may correct all remaining
violations, remove the security stations and unilaterally re -file the subdivision plat
thereby dedicating the streets to the public. All monies in the Reserve Fund will
become the property of the City of Allen and will be used to offset any costs
associated with converting the private streets to public streets. In the event the
balance is not sufficient to cover all expenses, the property owners association
and/or the property owners will be responsible for the amount of unpaid work.
Section 11 Design standards.
The design and construction of the infrastructure within a private street subdivision shall
conform to the same rules, regulations, standards, and specifications established for public
subdivisions. The City Council is hereby authorized to promulgate rules, regulations, standards,
and specifications for the design and construction of improvements unique to a private street
subdivision. No such rules, regulations, standards or specifications shall conflict with this or any
other ordinances of the City of Allen.
(1) Structures:
(A) Project perimeter fences at project entry access points, entry monuments,
and security stations, may be erected within the public utility and storm
sewer easement(s), provided they do not impede the installation,
Page 10 -September 22, 1995
City of Allen - Private Street Policy
ORDINANCE NO. 1368-9-95
EXHIBIT A
maintenance, repair, or replacement of public utilities and storm sewers
within the easement. -
(B) Where security stations are a part of a larger, multipurpose structure, only
that portion of the structure which functions as a security station may
encroach the building line adjacent to the private street.
Section 12 Maintenance.
(1) The property owners association shall be responsible for periodic inspection and
maintenance of all infrastructure except utilities (water, sanitary sewer, storm
sewer, gas , cable, telephone, and electric lines).
(2) The City of Allen has no obligation to inspect or maintain a private street, but the
City must approve repair plans, and inspection fees will apply on the repair work.
(3) In the event that the property owners association fails to make repairs required by
the City of Allen, the City shall have the right, but not the obligation to cause the
repairs to be completed and collect the cost of the same from the property owners
association for said work.
(4) If the property owners association fails to maintain access as required in this
policy, the City of Allen may enter the subdivision and remove any gate or
device, which is a barrier to access, at the sole expense of the property owners
association.
Section 13 Miscellaneous.
All references to ordinances shall also refer to all amendments to, substitutions or
codifications thereof.
Page 11 - September 22, 1995
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CITY OF ALLEN
AFFIDAVIT AND PROOF OF PUBLICATION
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance
THE STATE OF TEXAS
at
their regular meeting held on Thursday,
September 21,
COUNTYOFCOLUN
1995 (Title only):
Ordinance No. 1368-9-95: An Ordinance
BEFORE ME, the undersigned authority, on this day personally
I of the City of Allen, Collin County, Texas,
Amending Chapter 13 of the Allen
appeared DEBBIE TACKETT, who having been by me duly sworn,
Code of
Ordinances by providing for Private Street
on oath deposes and says:
Regulations Governing the Criteria for
Granting Approval for the Platting,
That she is the General Manager of THE ALLEN AMERICAN, a
Con -
struction, and Maintenance of Private
Streets; Providing for the Formation
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
and
Approval of Property Owners Associations
once a week, having a general circulation in said county, and having been
for the Maintenance of Private Streets;
Providing for the Repeal of any Ordinance
published regularly and continously for more than twelve (12) months
in Conflict Herewith; Providing for Severa-
prior to publishing
bility; Providing for a Penal for the Viola -
tion; Providing for No Vested Interest;
Pro-
viding for the Publication of the Caption of
this Ordinance; and Providing for and Ef-
fective Date.
of which the attached is a true and written copy, and which was published
Any person, parties in interest, or corpora-
tion who shall violate any of the
in THE ALLEN AMERICAN on
provisions,
of this ordinance or fail to comply therewith
or with any of the requirements thereof
shall be subject to prosecution,
September 27 & September 30, 1995
and upon
conviction shall be punished by a fine of not
and which was issued on
more than Five Hundred Dollars ($500),
and each day that such violation
shall be
permitted to exist or continue shall consti-
S e p t e m b e r 27, 1995
tute a separate offense. These penal provi-
sions shall not prevent an action
on behalf
of the City of Allen to enjoin any violation of
by C 1 t X — b f Allen of COLLIN COUNTY, TEXAS
the terms of this ordinance or an action for
mandatory injuction to remove any
previ-
ous violation hereof.
A copy of this ordinance may be read or'
A printed copy of said publi on is attached hereto.
purchased in the office of the City Secret-
ary, City of Allen, ORe Butler Circle, Allen,
Texas 75013. '
/s/JUdy Morrison e
ems--
City Secretary
SUBSCRIBEDD S ORN to before me this
s
day , A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
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LAW OFFICES OF CROWDER & CHRISTIANSEN
ATTORNEYS AND COUNSELORS
100 ATJ NTOWN PARKWAY, SUITE 110
P.O. Box 26'
ALLEN, TExAs 75002-0026
(214) 727-4618 (METRO)
(214) 727-8199 (FAx)
A. DON CROWDER
LINDA 1. CHRISTIANSEN
QUALIFIED ATTORNEY MEDIATOR
OF COUNSEL
JACK B. CowLEY
BOARD CERTIFIED
PERSONAL INJURY TRIAL I.Aw
April 28, 1995
Mr. George Conner
Director of Public Works
City of Allen
One Butler Circle
Allen, TX 75002
Re: Gated Communities - Private or Public Streets
Dear George:
This letter is in response to your memorandum of March 15, 1995, relative to the above -referenced
subject.
After extensive research by my office, it is my opinion that the city must convert public streets to
private streets if access by the general public will be prohibited or interfered with by an entrance gate and/or
guard. Even then, some access by certain groups (i.e., religious groups handing out pamphlets, etc.) may still
be required. Any attempt by a municipality to control access to streets, while leaving them dedicated as
public, is unlawful.
Even when general public access is allowed, attempts at gating entrances to subdivisions, while leaving
the streets dedicated as public, is still unlawful if the gate can be deemed an interference. The public enjoys
a general right of access to public streets which, for the most part, cannot be interfered with. Thus, if the
general public access to the streets is to be denied or even interfered with, then the city must convert the
streets from public to private.
Should you require anything further of me at this time, please don't hesitate to call.
Yours very truly,
LAW OFFICES OF CROWDER & CHRISTIANSEN
ADC:db
CITY OF ALLEN
TO: DON CROWDER
FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS
SUBJECT: GATED COMMUNITIES - PRIVATE OR PUBLIC STREETS
DATE: MARCH 15, 1995
The city of Allen has been requested to permit gated communities by "The Woods"
on FM 2170 West. Arvida at "Twin Creeks" is also requesting a gated community
West of Rowlett Creek.
Attached are guidelines from Plano, and an ordinance from McKinney that allow
gated communities. Both of these cities require that the streets be private. Greg
Judah of the Woods subdivision says he knows of cities that have allowed the
streets to remain public, with the homeowners association taking over the
maintenance.
Our development subcommittee has requested a legal opinion on streets. The
question is must they be private, or can they be public, if they are cut off from the
public by a gate.
Your written opinion would be appreciated, and will be forwarded to the City
Council members.
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100