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HomeMy WebLinkAboutNeil McNabnay presentation 11-27-17The Town’s Preferred Alternatives 1.Preserve the Open Space Land as Open Space NO to the zoning change request and NO to any future Site Plans inconsistent with Concept Plan (the Concept Plan shows the Open Space Land as Open Space). 2.Preserve the Open Space Land as Open Space Enforce 10% Lot Coverage Rule (47,230 s.f.left to build within PD1) 3.Preserve the Knoll Ridge Approve the 56 Lot Plan 56 Lot Plan Pursuant to the October P&Z Hearing, the Commission directed Wilbow and the residents to work together on a revised plan. Over the 4 weeks thereafter, Wilbow and the residents did just that and obtained agreement on a 56 Lot Plan. At the November P&Z Hearing, the Commission recommended that Town Council approve the 56 Lot Plan (and rejected the 61 Lot Plan). 56 Lot Plan (cont.) 56 Lot Plan (cont.) 61 Lot Plan in Unacceptable The 61 Lot Plan presented by Wilbow today is unacceptable. Compared to the 56 Lot Plan agreed to by Wilbow and the residents, the 61 Lot plan: 1.Adds back an entire row of houses, and in one spot on the West side, it adds back 2 rows of houses. 2.Results in the Knoll Ridge being shaved down from 6 to 16 feet and complete removal of trees on the Knoll Ridge (the 56 Lot Plan preserves the Knoll Ridge). 3.Results in 33 houses within the 500ft yard setback (the 56 Lot plan results in 23 houses within the 500ft yard setback). 61 Lot Plan in Unacceptable (cont.) 56 Lot Plan Preserves the Knoll Ridge The Knoll Ridge is what serves as the Town’s: 1.Noise Barrier 2.View Shed (pursuant to the Comprehensive Plan) 56 Lot Plan Preserves the Knoll Ridge (cont.) 56 Lot Plan Solana Blvd. Setback Transition Fits The 56 Lot Plan fits as a transition from Solana Village Center to the East to Granada to the West: 1.Solana Village Center: 50ft Solana Blvd. setback 2.Wilbow’s 56 Lot Plan: 50ft Solana Blvd. setback with heavy tree cover 3.Granada: 100ft Solana setback with primarily no trees Because of the heavy tree cover, Wilbow’s 56 Lot Plan provides more screening than the Village Center and Granada setbacks. Wilbow’s proposed development has been pitched as a “transition” neighborhood, and with more screening than Village Center and Granada, the 56 Lot Plan goes above and beyond. Solana Village Center 50ft Setback Wilbow’s 56 Lot Plan Wilbow’s 56 Lot Plan (cont.) Wilbow’s 56 Lot Plan (cont.) Wilbow’s 56 Lot Plan (cont.) Granada 56 Lot Plan Approved and 61 Lot Plan Rejected If the Town Council decides to grant Wilbow’s zoning change request, it should approve the 56 Lot Plan, as recommended by the P&Z Commission, because it preserves the Knoll Ridge and it provides superior screening on Solana Blvd. The 61 Lot Plan should be rejected, as recommended by the P&Z Commission, because it fails to preserve the Knoll Ridge. Alternative Option of Keeping Open Space Land as Open Space First, because Wilbow and Blackstone have no right to rezoning, the Town can simply deny the rezoning request. Second, should Wilbow come forward with any Site Plan in the future in which buildings are shown on the Open Space Land, the Site Plan can be rejected based on the fact that it does not comply with the Solana Concept Plan. Solana Concept Plan (Ord. 151) Final Solana Concept Plan (Prepared by IBM’s architecture firms and approved by Town Alderman) Site Plans Must Comply with the Concept Plan There are 6 factors relevant to PD Site Plan approval, and the first requirement is that the Site Plan comply with the Concept Plan: (d) Approval criteria.The commission, in approving, conditionally approving, or denying a PD site plan, shall consider the following criteria: (1) The plan complies with the applicable PD concept plan or development plan, if any, and with the PD Ordinance, including express conditions attached to the concept plan, development plan or PD Ordinance; Sec. 102-268. -PD site plans. (emphasis added). Concept Plans are part of the PD Ordinance Concept Plans are part of the PD Ordinance: (a) PD concept plans.PD concept plans (excluding informational statements)are considered part of the PD Ordinance. Any amendment to a PD concept plan shall be considered a zoning change, and the provisions of V.T.C.A., Local Government Code ch.211, relating to notices, public hearings, and written protests for changes in zoning districts or regulations shall apply. If a PD district is established subject to approval of PD development plans, the provisions of this subsection shall apply to such PD development plan. Sec. 102-269. -Amendment of plans (emphasis added). The Concept Plan Keeps Open Space Land as Open Space 1.The Concept Plan is a part of Ordinance 151. 2.The Concept Plan is a part of Ordinance 151’s progeny (Ordinances 202, 588, 691, and 767). 3.The Concept Plan has not been amended and shows that buildings cannot be built on the Open Space Land. 4.The most current Ordinance, 767, therefore prevents buildings from being built on the Open Space Land. 5.Ordinance 767 cannot be amended without Town Council approval. In summary, the Concept Plan prevents Blackstone from building on the Open Space Land without the approval of the Town Council. The 10% Lot Coverage Rule Also Keeps the Open Space Land as Open Space January 7, 2013 email chain between Trent Petty (First Town Manger) and Eddie Edwards (former P&Z Director) establishes 47,230 s.f.left to build in PD1 (January 7, 2013 is the day that Ordinance 691 was signed and in which the Entrada and Granada planning areas were created). The 10% Lot Coverage Rule Also Keeps the Open Space Land as Open Space (cont.)