HomeMy WebLinkAboutOpposition to Wilbow Zoning Change Request 10-16-17Burden is on Wilbow
The burden is on Wilbow to prove that a disruption of the Ordinances,
Comprehensive Plans, and Land Use Plans that the Town’s citizens have
relied on is a value add, and not a value subtraction, proposition.
Wilbow has no entitlement to a zoning change. The Town can simply
say “NO” to Wilbow’s zoning change request.
Blackstone’s Refusal to Negotiate in Good Faith
Pursuant to multiple attempts by the Town, Blackstone has refused to enter
into good faith discussions about a global plan for development on its
properties
In show of good faith, Town agreed to Blackstone’s requests for parking garages,
but indicated at that time Blackstone would not receive another favor from the Town
(and specifically a zoning change), until it came to the table to map out a global
development plan (including keeping Open Space Land as open space).
Instead, Blackstone wants it all. Blackstone is attempting to force unfavorable
concessions from Town, one by one, instead of a fair “give and take” process.
Blackstone’s and Wilbow’s zoning change request must be denied until
Blackstone finally comes to the table.
False Narrative #1
The narrative that residential is better than commercial is based on a
false premise:
1. Blackstone has indicated that the irregular commercial building area is
unworkable and not profitable. No one will build commercial on the Open Space
Land, and the landowner will receive a square footage bonus by sending square
footage from the Open Space Land “sending zone” to “receiving zone” properties
by the expressway pursuant to the Transfer of Development Intensity Ordinance.
False Narrative #1 (cont.)
2. Theoretically speaking, even with commercial development, the
development would be 500ft away, preserving the entirety of the hill
and trees (preferable to dense residential at much closer distances which
destroys the hill and trees).
False Narrative #1 (cont.)
3. Also, the 500ft Yard Setback requires any surface parking be placed
500ft away. At Wilbow’s 10/9/17 presentation, Blackstone admitted that
surface parking would not make sense because no one wants to walk ½
of a mile to get into their office building. In addition, in view of tree
mitigation costs, a surface parking lot on the Open Space Land would be
the most expensive parking lot ever built.
False Narrative #1 (cont.)
4. Instead, as the Town has already mapped out, pursuant to the PD
restrictions, a parking garage would go in the skinny rectangular East
side portion of the buildable area.
False Narrative #1 (cont.)
5. Per the Town’s analysis, the 5:1 slope ratio requirement (5ft out for
every 1ft of height) limits the height of any commercial structure to 3
floors, which cannot be seen at 500ft away.
False Narrative #1 (cont.)
6. In short, commercial at the current 500ft zoning is preferable to a
zoning change with residential at 150ft
False Narrative #2
The narrative that Wilbow is giving something up by not building on the
Mayor’s Hill in order to offset destruction of the knoll and deforestation
of the Open Space Land is false.
Larry Corson has admitted that the Mayor’s Hill area is undevelopable.
300 million square yards of dirt were moved by IBM to create Mayor’s
Hill. This fact, plus the skinny shape of the area makes development
uneconomical.
The Mayor’s Hill area will always be open space, and Wilbow is
giving nothing up by not building on Mayor’s Hill.
False Narrative #3
The narrative that Wilbow’s zoning change request complies with the
Comprehensive Plan is false.
Comprehensive Plan Requirements Wilbow’s Zoning Change Request
Open Space Land stays as open space Open Space Land clear cut in violation of
Comprehensive Plan
Knoll (view shed and noise barrier for entire
Town) retained
Knoll destroyed (12-20ft removed) in
violation of Comprehensive Plan
The only Community Park on Parks Plan
retained
The only Community Park on Parks Plan
destroyed in violation of Comprehensive Plan
One of a kind 30 acre wooded park with
nature trail (deer) integrated with trail system
2 acre “park” on top of Mayor’s Hill with no
trees
500ft Yard Buffer retained (Ord. 202 and
progeny)
500ft Yard Buffer violated
False Narrative #4
The narrative that Wilbow’s has addressed tree mitigation is false.
The Staff’s report states that “The tree survey was not submitted as part
of this request.”
Larry Corson has indicated that the Town has the report.
No matter who is right, the issue is that the Town’s residents have not
received a copy of the report to analyze. This is critical as tree
mitigation costs are likely at least $4M, and there has been no
calculation as to what Wilbow will owe.
Because the tree mitigation report has not been provided, Westlake
residents can only assume that the report is unfavorable to Wilbow.
False Narrative #5
The narrative that Wilbow has addressed view analysis concerns is false.
Wilbow has not submitted a view analysis to ensure that the dense
development will not be looking into the master bedrooms, pools, and
back yards of Glenwyck Farms and Granada homeowners.
At 150ft, you will be able to see the proposed development’s dense
housing, mini parking lots, and street lights from Glenwyck’s and
Granada’s master bedrooms, even with full tree growth in summer. The
rest of the year when the leaves are down, you can see 500ft in to the
knoll (hill), leaving a nearly unobstructed view between Glenwyck’s
and Granada’s master bedrooms and the dense housing, mini parking
lots, and street lights.
Wilbow’s Suggested Changes
Wilbow’s has suggested changes by (1) removing the first row of lots and the parking spaces in the 500ft Yard Setback, (2) specifying that the 25 foot easement shall be only for utilities to preserve greenspace, and (3) moving the entire development 50ft to the North.
The zoning change request remains a value subtraction for the Town. 3 rows of lots must be removed to preserve the knoll.
The Town’s Preferred Alternatives
First: One of a Kind 30 Acre Wooded Park on North Side of Open
space Land (per Comprehensive Plan’s Parks & Open Space Plan)
Win -Win Solution
Both Blackstone and the Town have the ability to win with a Park:
•Even under the most favorable Ordinance reading to Blackstone, Blackstone
cannot fully build out on all of its properties (due to the 10% lot coverage
rule). The Town’s Transfer of Development Intensity Ordinance is written for
this very situation. Blackstone receives a square footage bonus by agreeing to
build on its “receiving zone” properties by the expressway and not on the
Open Space Land “sending zone”.
•Just like Fidelity’s donation of land to the Town for the Town’s fire station,
Blackstone will receive tax benefits by donating land to the Town
•Also, the Town has offered to (1) forgive significant tree mitigation penalties
that must be paid in association with the development of Blackstone’s
expressway properties, (2) allowing additional floors to be built by the
expressway, and (3) adjust setbacks by the expressway.
The Town’s Preferred Alternatives
Second: Commercial Development (per current Zoning as relied
upon by Westlake residents, knoll is retained, 500ft Yard Setback
retained, office park with open space, high tax base, and low
demand on Town services)
Buildable Area within 62.5 Acre Tract in
PD 1-1 (Approximately 16 Acres)Item 10
The Town’s Preferred Alternatives
Undesirable: Residential Rezoning (clear cutting of trees and hill,
loss of view shed, loss of noise barrier, loss of 500ft Yard Setback,
unwelcome density, inferior tax base, and high demand on Town
services)
Value Subtraction (Violates 500ft Yard Setback)
Wilbow’s zoning change request is a value subtraction because it:
•Violates the 500ft Yard Setback on the North Side of Glenwyck Farms
and the East Side of Granada
The 500ft Yard Setback is priced into the Glenwyck and Granada
properties.To remove it now will result in significant property value
loss.E.g.,Glenwyck homeowners have paid 6 figure premiums to
purchase homes that have the 500ft Yard Setback.
Value Subtraction (Violates 500ft Yard Setback) (cont.)
At 150ft, you will be able to see the proposed development’s dense
housing, mini parking lots, and street lights from Glenwyck’s and
Granada’s master bedrooms, even with full tree growth in summer. The
rest of the year when the leaves are down, you can see 500ft in to the
knoll (hill), leaving a nearly unobstructed view between Glenwyck’s
and Granada’s master bedrooms and the dense housing, mini parking
lots, and street lights.
Value Subtraction (Violates 500ft Yard Setback) (cont.)
The 500ft Yard Setback has been in place since November 16,1992
(Ord.202)and was specifically set at 500ft in order preserve the knoll
and trees as a view shed for the Town according to the original
Glenwyck property owner,Howard Dudley (of the Dudley Ranch),the
President of IBM Realty (William “Bill”Ross III),the Town’s first
Town Manger (Trent Petty),and the Town’s first Town Planner (Dennis
Wilson).500ft in gets you to the North side of the knoll and will
preserve it.
Blackstone bought the Open Space Land in 2014 with the 500ft Yard
Setback in place for 22 years.
Value Subtraction (Clear Cutting)
Wilbow’s zoning change request is a value subtraction because it:
•Results in clear cutting of the Open Space Land,which is designated
to be open space pursuant to the Town’s Comprehensive and Land
Use Plans
The Town and its citizens have already spoken on this subject via the
Comprehensive Plan that designates the Open Space Land as “open
space” to serve as an important buffer for the Town. The Land Use
plan, in existence even before the Comprehensive Plan, also designates
the Open Space Land as “open space.”
Value Subtraction (Clear Cutting) (cont.)
Dense housing results in more clear cutting!
Value Subtraction (Clear Cutting) (cont.)
Wilbow’s plan designates as open space an area that is (1) not within the
Open Space Land, and (2) not designated as open space on the
Comprehensive and Land Use Plans. The area is not buildable
according to Larry Corson and would remain as open space no matter
what. Thus, Wilbow is providing nothing as consideration to clear cut
the Open Space Land.
Value Subtraction (Clear Cutting) (cont.)
Wilbow’s zoning change request is an end-around of the tree mitigation
Ordinance,which in effect,preserves the buffer for the Town because
the tree mitigation costs associated with the Open Space Land are large .
Wilbow has not agreed to pay for the millions of dollars of tree
mitigation costs involved with its proposed clear cutting.
Value Subtraction (Clear Cutting) (cont.)
The Staff’s report states that “The tree survey was not submitted as part
of this request.”Thus,we do not have a copy of the report.
Wilbow states only that there are approx.162 six inch plus trees per acre
on the Open Space Land.
Using Wilbow’s own numbers (and average of 10”per tree):
162 trees/acre x 10”/tree =1620”/acre x $100/”=$162,000/acre x 25.3
acres of clear cutting for buildings and streets =$4,098,600
Value Subtraction (Knoll Shaved Down)
Wilbow’s zoning change request is a value subtraction because it:
•Results in the Open Space Land’s “knoll”(hill),which serves as a
view shed and noise barrier pursuant to the Comprehensive Plan,
being shaved down by 12-20 feet
The Town and its citizens have already spoken on this subject via the
Comprehensive Plan that designates the Open Space Land as “open
space”to serve as a view shed for the Town
Value Subtraction (Dense Housing)
Wilbow’s zoning change request is a value subtraction because it:
•Results in dense housing that inconsistent with the housing in Glenwyck
Farms and Granada
The Town’s Transfer of Development Intensity Ordinance designates the
Open Space Land as a “sending zone,”i.e.density should be sent to a
“receiving zone”property owned by Blackstone near the expressway.
Wilbow’s requested zoning change does the exact opposite –it brings
more density to the Open Space Land.
Value Subtraction (Loss of Sight Lines)
Wilbow’s zoning change request is a value subtraction because it:
•Results in multi-story housing that is positioned to directly overlook the
windows and yards of Glenwyck Farms and Granada homeowners due to
the fact that the Open Space Land is elevated upwards of 30 feet over the
Glenwyck Farms and Granada residences
Wilbow has failed to present a View Analysis,which is required when
there are concerns about whether a proposed development (especially
the second story windows)looks into the second stories,master
bedrooms,and yards/pools of existing residences.
Value Subtraction (No Park)
Wilbow’s zoning change request is a value subtraction because it:
•Violates the Comprehensive Plan’s Parks &Open Space Plan that
designates the Open Space Land as a Park,and specifically including the
west side area between Glenwyck Farms and Granada in order to further
server as buffer.
Wilbow’s zoning change request dedicates only 2 acres of park land
comprised of the Mayor’s Hill on the unbuildable east side area that contains
no trees and that is outside of the Open Space Land area.
Value Subtraction (Negative Cost of Services Versus Tax Revenue)
Wilbow’s zoning change request is a value subtraction because it:
•Has a negative financial impact on the Town .
•Based on the COCS studies,and confirmed by Mayor Wheat at the August7thCoffeewiththeMayor,the Town’s expenses will increase by more thanthe$120,174 of property tax revenue such that the proposed residentialdevelopmentwillresultinaneteconomiclossfortheTown.Moreover,while $120,174 of property tax revenue would be generated,representing 8%of the total property tax revenue ($1,477,116 )in the FY17-18 WestlakeBudget,$120,174 is less than 1%of the total revenue in the Westlake Budget($16,389,867).Thus,the proposed development is insignificant to the Town’soverallrevenueevenifonefailstoaccountfortheCOCS.
Value Subtraction (Tree City USA and Town Vision Statement)
Wilbow’s zoning change request is a value subtraction because it:
•Is inconsistent with the Town’s Tree City USA membership and the Town’s
Vision Statement.
The Town’s Vision Statement requires the Town to preserve land as
open space when it has the ability to do so (like here):“Westlake is an
oasis of natural beauty that maintains our open spaces in balance with
distinctive development,trails,and quality of life amenities amidst an
ever expanding urban landscape.”
Mayor Wheat and Town Council Promised to Push for Open Space
Land to Remain Open Space
In a February 29, 2016 letter to Glenwyck Farms residents, Mayor Wheat, speaking
as Mayor of the Town of Westlake and also expressly on behalf of the Town
Council, represented that the Town would “push” for the Open Space Land to
remain “open and unimproved should the developer request any sort of zoning
change,” just as Wilbow, the developer, is doing now.
Open Space Land History
In 1985-86, Former Mayor Bradley led the Town’s negotiations with IBM, the
owner of the Open Space Land at the time.
The President of IBM Realty, William “Bill” Ross III, believed that the greenspace
buffer of the Open Space Land would provide value to IBM’s properties by
preserving open space.
Bill Ross also believed that the IBM development would serve as an exemplary
development for the Town on how open space was to be preserved.
This is evidenced by the fact that Bill Ross agreed to move 300 million square yards
of dirt to create the Mayor’s Hill in order to create a greenspace buffer and view
shed that did not already exist. In effect, IBM created a second knoll (hill) to the
East. IBM did not need to do this to the North of Glenwyck Farms because the
natural knoll (hill) already existed.
Open Space Land History (cont.)
In 1992, the Town enacted Ordinance 202, which specified that there is a 500ft Yard Setback on the Open Space Land, meaning that any development on the Open Space Land must occur 500ft away from residences.
While other clauses refer expressly to “setbacks,”the clause that creates the 500ft YardSetbackhasalwaysreferenceda500ft“yard.”The Town was its own lexicographer andprovideditsowndefinitionoftheword“yard”in the Westlake Code of Ordinances.
•Yard .The word “yard”shall mean an open space,other than a court,on a lotunoccupiedandunobstructedfromthegroundupwardunlessspecificallyotherwisepermittedinthisCode.
•Open Space.The words “open space”shall mean that land area which is relatively freeofmanmadestructures,where water bodies,land forms,and vegetation predominate.
Westlake,TX Code of Ordinances.
Open Space Land History (cont.)
Howard Dudley, former Town Alderman and owner of the land now known as
Glenwyck Farms, confirmed that the 500ft Yard Setback of Ordinance 202 is to
remain as undisturbed greenspace. Mr. Dudley indicated that the 500ft Yard Setback
was specifically designed to preserve the knoll (hill) and trees to the North of his
property.
Pursuant to Ordinance 202, in the 1990s, Trent Petty, the first Town Manager,
informed the Glenwyck Farms developer, homebuilders, and homeowners that no
development can occur within the 500ft Yard Setback.
Open Space Land History (cont.)
Glenwyck Farms homebuilder Scott Simmons testified at the January 4, 2016 P&Z
Hearing that the Town of Westlake communicated to Glenwyck Farms homebuilders
and the Glenwyck Farms developer that the 500ft Yard Setback is to remain as
undisturbed greenspace.
For example, on November 1, 1999, Dennis Wilson, the first Town Planner, sent a
letter to David McMahan at Four Peaks Development, Inc. (the developer of
Glenwyck Farms) in which Mr. Wilson confirms that “any development” of the
Open Space Land must occur 500 feet away from Glenwyck Farms.
In addition, on February 5, 2009, Tom Brymer, current Town Manager, sent a letter
to Pat Cockrum, Glenwyck Farms resident, likewise confirming the same. The
February 5, 2009 Letter from Tom Brymer to Pat Cockrum is particularly instructive
as it makes clear that “any development,” even a gas well pad site, is prohibited
within the 500ft Yard Setback.
The Entire Town Loses
Wilbow’s zoning change request hurts the Town:
•Vaquero, Granada, Terra Bella, Carlyle Court, and Glenwyck residents will hear expressway noise with the loss of the hill
•Property values in Glenwyck and Granada will fall and propagate across the Town
•This is one of a few opportunities where the Town has clear ability to preserve open space, and that opportunity will be lost
•The Comprehensive Plan, the product of thousands of hours of work and $400,000 paid by the Town, will be for naught
•The Town’s citizens will not be able to rely on:
•The Comprehensive Plan
•Town Officials
•Sets bad precedent where developers will cite to Wilbow’s zoning change for more dense housing even when the existing zoning, like here, does not allow it (the Town already has large tracts of land that are zoned for dense housing; we do not need more)
•Dense housing stresses the Town’s resources
•Westlake loses its open space uniqueness