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HomeMy WebLinkAboutCitizen PresentationSince the 1990s, the Town of Westlake took the position that the 500ft buffer is greenspace Trent Petty (First Town Manger in the 1990s) •Currently consulting with the Town of Westlake in connection with Entrada project •The Town has now had an opportunity to consult with Mr. Petty about the 500ft buffer, and Mr. Petty informed the Town Staff that, since the 1990s: •The 500ft buffer has been understood by the Town as being greenspace. •There is not a parking lot loophole that would allow for a parking lot to be built in the greenspace. •The Town and Maguire Partners (the former owner of the Land at issue) were in agreement that the 500ft buffer is greenspace. •The Town communicated to the residents of Westlake, the developer of Glenwyck Farms, Glenwyck Farms homebuilders, and Glenwyck Farms residents that the 500ft buffer is greenspace. Since the 1990s, the Town of Westlake took the position that the 500ft buffer is greenspace Trent Petty (First Town Manger in the 1990s) •Intent of the 500ft buffer was to separate Glenwyck Farms residences by 500ft from commercial activity including •Parking lot •Automobile noise from a parking lot •Commercial lighting •Trash dumpster smell •It was not the intent to allow for a “parking lot loophole” that would allow for a parking lot, automobile noise, commercial lighting, and trash smell; otherwise, the intent of the 500ft buffer would be destroyed. Since the 1990s, the Town of Westlake took the position that the 500ft buffer is greenspace Scott Simmons (Glenwyck Farms Homebuilder in the 1990s and today) •Scott spoke at the P&Z Hearing and will speak again today •During the building of Glenwyck Farms, Scott was informed by the Town that the 500ft buffer is greenspace. •The 500ft buffer greenspace was known by builders and the developer of Glenwyck Farms as the “knoll” due its characteristics of being a greenspace hill. •The fact that the 500ft buffer was greenspace was communicated to Glenwyck Farms homebuyers. •The Town never said that there is a parking lot loophole that would allow for a parking lot to be built in the greenspace. The 500ft buffer is not referred to as a “setback” in Section 4(C)(3) of Ordinance 691, and it is therefore something else (it is greenspace) C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition No. 1 shall be: 1.One hundred {100) [sic] feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solana Boulevard, for which building the setback shall be eighty (80) feet; 2.The minimum setback from State Highway 114 shall be two hundred (200) feet; 3.Five hundred (500) feet from any residentially zoned area except for the area described in exhibit “A-1” and “A-2”; A Court of Law will hold that the 500ft buffer is greenspace •For 2 decades, the Town interpreted the 500ft buffer as being greenspace. •During the 2 decades, the Town’s interpretation was communicated to, and adopted by: •Maguire Partners, owners of the Land at issue. •The citizens of Westlake •The developer of Glenwyck Farms •The homebuilders of Glenwyck Farms •Glenwyck Farms residents •Blackstone acquired the Maguire Partners’ property out of bankruptcy and pursuant to Maguire Partners’ and the Town’s interpretation of the 500ft buffer. •Blackstone also acquired the Maguire Partners property at issue pursuant to the Land Use Plan and the Town’s Comprehensive Plan, each of which designate the entire property at issue as Open Space. •The text of original Ordinance 202 and its successor, Ordinance 691, support the Town’s longstanding interpretation that the 500ft buffer is greenspace. Town Council Vote •Through the amendments being made to Ordinance 691, the Town’s citizens request that the language of Ordinance 691 be expressly clarified that the 500ft buffer is undisturbed greenspace. •In the alternative, the Town’s citizens request that the Town Council clearly state on the record, before they vote today, that the Town is not taking a position one way or the other on whether the 500ft buffer is greenspace or not (the typographical error correction does not require the Town to take a legal position on the nature of the buffer). The greenspace issue can be decided at a later time or resolved through the Town’s negotiations with Blackstone to keep the entire land at issue as Open Space pursuant to the Land Use and Comprehensive Plans. The P&Z and Town Council Hearing Notice is defective with respect to 10% lot coverage amendment •The 10% lot coverage amendment (unrelated to the 500ft buffer typographical error correction) cannot proceed to Town Council vote today and requires a restart of the Public Hearing Notice and P&Z process. •In the Town’s “Notice of Public Hearing,” it is declared that the “the proposed amendments are limited to the development regulations and do not change the Permitted Uses or allowed density within the development.” •However, the 10% lot coverage amendment increases density by removing Entrada and Granada from the 10% lot coverage restriction: Defective Notice of P&Z and Town Council Hearing •Removing Entrada and Granada from the 10% lot coverage restriction contradicts Ordinance 691 (and its predecessors going back to the adoption of Ordinance 202 in 1992), which clearly states that the 10% lot coverage restriction applies across all of PD1: Defective Notice of P&Z and Town Council Hearing •The proposed amendments removing Entrada and Granada from the 10% lot coverage restriction, increasing density in violation of Town’s “Notice of Public Hearing”: Restart of the Public Hearing Notice and P&Z Process is necessary •The Town must provide proper notice if it intends to increase the density of PD1. •Open space, consistent with the Town’s Vision Statement is paramount to the Town and its citizens. •It is also important in the Town’s negotiations with Blackstone to keep the property North of Glenwyck Farms as Open Space consistent with the Land Use and Comprehensive Plans. •Right now, the build out of Entrada and Granada prevents Blackstone from fully building out to 10% lot coverage on its land. For this reason, Blackstone has requested that the Town relax the 10% lot coverage restriction so that building by other landowners within PD1 will not affect Blackstone. Relaxation of the 10% lot coverage restriction is very valuable to Blackstone. •If the Town is to relax the 10% lot coverage restriction, then Blackstone must agree to build on its high value lots near the expressway and not the Open Space property that serves as a view shed for the Town. Town Council Action •#1: State in the amendment to Ordinance 691 that the 500ft buffer is greenspace. Alternatively, state that the Town is not taking a position on whether the 500ft buffer is greenspace or not (the typographical error correction does not require the Town to take a legal position on the nature of the buffer). •#2: Restart the Public Hearing Notice and P&Z Process with respect to 10% lot coverage amendment to provide proper notice of a proposed increase of density in PD1.