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Still Support for Wilbow Zoning Change RequestFrom:Jay Still To:Neil McNabnay; Laura Wheat; Rick Rennhack; Carol Langdon; Alesa Belvedere; Wayne Stoltenberg; Michael Barrett; Ron Ruthven; Kelly Edwards; Tom Brymer Cc: Subject:RE: EXTERNAL: RE: Support for Wilbow Zoning Change Request Date:Monday, February 26, 2018 2:42:34 PM Attachments:image005.png image006.png image007.png image012.png Dear Mayor Wheat and Town Council, Again, thank you for your careful consideration of this proposed rezoning request. To be clear on our last approval of the plan sent February 23, 2108, it is predicated on the fact that we do not start moving backwards from what has been proposed and I assumed were still on the table. The minimum would be as Mr. Corson has described below and I hope that the Town Council can build and improve on this plan to preserve the knoll and the preservation buffer dedication. We wish you the best in bringing this to a beneficial resolution. Sincerely, Jay and Jana Still 1813 Broken Bend Drive Westlake, TX 76262 From: Lawrence Corson [mailto:lcorson@wilbowusa.com] Sent: Monday, February 26, 2018 12:54 PM To: Neil McNabnay <McNabnay@fr.com>; 'lwheat@westlake-tx.org' <lwheat@westlake-tx.org>; rrennhack@westlake-tx.org; clangdon@westlake-tx.org; abelvedere@westlake-tx.org; wstoltenberg@westlake-tx.org; mbarrett@westlake-tx.org; rruthven@westlake-tx.org; kedwards@westlake- tx.org; tbrymer@westlake-tx.org; Chas Fitzgerald <cfitz@wilbowusa.com> Subject: EXTERNAL: RE: Support for Wilbow Zoning Change Request Wilbow confirms agreement on Items 1-3. Note however, that our understanding of the proposed Compromise Plan spreads Lots 10-12 across the spine road from the west intersection to the east “elbow”. If the Glenwyck group has changed their view on the location of these lots, please advise. On Item #4, we will be requesting a change to a 20’ height limitation to the highest roof ridge line on one-story homes. We had an architect review this over the weekend, and we cannot ensure an interior ceiling height over 10’ on an 18’ limitation. Note that Staff changed the Town standard language on building height from “18’ to the midpoint of the highest sloping roof” to “18’ at the top of the roof’s highest ridge line”. This change materially impacts interior design of the homes. We will have an exhibit in our presentation demonstrating this concern. In the overall, however, we support the Staff Report requirement that all one story homes must comply with the Comp Plan viewshed requirement that will not allow these homes to exceed the height of the surrounding tree canopy. Note also that we have reoriented the southeast portion of the Concept Plan to accommodate Pat Cockrum’s requests to move lots north away from the edge of the tree line and expand the non-development buffer zone further to the east around the proposed detention pond. Wilbow has no interest in trading project amenities, park improvements, or other project features to remove any of the proposed lots in this compromise plan. Lawrence A. Corson | Co-President Wilbow Corporation | www.wilbow.com 4131 N. Central Expressway | Suite 990, Lockbox 13 | Dallas, TX 75204 Office: 972.994.1674 | Mobile: 214.505.8256 lcorson@wilbowusa.com CONFIDENTIALITY NOTICE: The information contained in this message is privileged and confidential; intended only for the use of the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify sender and you are hereby instructed to delete all electronic copies and destroy all printed copies. From: Neil McNabnay [mailto:McNabnay@fr.com] Sent: Monday, February 26, 2018 1:06 AM To: 'lwheat@westlake-tx.org' <lwheat@westlake-tx.org>; rrennhack@westlake-tx.org; clangdon@westlake-tx.org; abelvedere@westlake-tx.org; wstoltenberg@westlake-tx.org; mbarrett@westlake-tx.org; rruthven@westlake-tx.org; kedwards@westlake-tx.org; tbrymer@westlake-tx.org Subject: RE: Support for Wilbow Zoning Change Request Mayor Wheat and Town Council Members (and copying in Larry Corson): To simplify, I have listed below the 4 agreed items between Wilbow and the residents that must make it into any Ordinance promulgated by Town Council: 1. Return the Knoll Ridge to “Preservation Buffer Dedication” area (South of the spine road as shown in the blue box below) so that trees remain and the area will not be flattened by development (e.g. parking lot) that the HOA could choose to build within a “Private Open Space” area. 2. Turn Lot 10 North to South to minimize its effect on the Knoll Ridge. 3. Drop by 10ft the Knoll Ridge Lots 10-12 (as shown in the Town Council Agenda Packet diagram below) so that the roofs of the houses on Lots 10-12 are below the tree line (a representative house that could be Lot 10, 11, or 12 is located at the highest point on the Knoll Ridge on the diagram): 4. As required by the Town Staff in its Staff Report, limit the one story Lots 10-12 to be no higher than 18ft from the ground to the highest peak of the roof (and not the previously indicated and less restrictive measure of 18ft to the midpoint of the highest span). Lastly, in order to ensure that (1) the Knoll Ridge will be cleared of houses, (2) the view shed required by the Comprehensive Plan will be retained, and (3) the spirit of Mayor Bradley’s and IBM’s agreement to preserve the view shed will be retained, I offer to use my own funds to remove a Lot on the Knoll Ridge if the Town and Wilbow/Blackstone also remove a Lot. In this manner, all three of Lots 10-12 on the Knoll Ridge will be removed. Feel free to call me with any questions at 214-621-1888. Thanks! From: Neil McNabnay Sent: Saturday, February 24, 2018 10:27 PM To: 'lwheat@westlake-tx.org' <lwheat@westlake-tx.org>; rrennhack@westlake-tx.org; clangdon@westlake-tx.org; abelvedere@westlake-tx.org; wstoltenberg@westlake-tx.org; mbarrett@westlake-tx.org; rruthven@westlake-tx.org; kedwards@westlake-tx.org; tbrymer@westlake-tx.org Mayor Wheat and Town Council Members: To be clear, the New 56 Lot Plan that we support with Wilbow is attached and reproduced below (the 56 Lot Plan presented by Wilbow at the January 22, 2018 P&Z Hearing has since been modified by Wilbow and the residents): This New 56 Lot Plan is the best that can be done with 56 Lots. In the New 56 Lot Plan, Wilbow agrees to return the Knoll Ridge area not covered up by Lots 10-12 to “Preservation Buffer Dedication” area (as it had always been previously designated) so that trees will remain, and this Knoll Ridge area will not be flattened by development (such as a parking lot) that the HOA could choose to build within a “Private Open Space” area (the “Private Open Space” area switch was made by Wilbow for the first time at the January 22, 2018 P&Z Hearing). In addition, in the New 56 Lot Plan, Wilbow agrees to reposition Lots 10-12 on the Knoll Ridge to help lessen the adverse impact of Lots 10-12. Specifically, Lot 10 will be repositioned North to South, (2) Lot 12 will be moved to the East in the position of original Lot 15 where the elevation is nearly flat, and (3) Lot 11 will be placed in the middle of Lots 10 and 12. We request that the Town assist us in removing at least Lot 11 so that the Knoll Ridge will be primarily clear of houses and largely preserved. Removing the two remaining lots on the Knoll Ridge, Lots 10 and 12, will clear the Knoll Ridge of houses as had been previously accomplished through the Original 56 Lot Plan recommended by P&Z on November 13, 2017. The Original 56 Lot Plan with the Knoll Ridge cleared of houses is reproduced below: The Town has ample funds to at least remove Lot 11 in the middle of the Knoll Ridge (and the two other lots, Lots 10 and 12, on the Knoll Ridge) with (1) $1,079,000 of development fees paid by Wilbow to the Town, (2) $300,000 to change the Solana Blvd. trail to concrete when the trail can remain as decomposed granite, and (3) $250,000 for amenities (Mayor’s Hill wooden stairs, bocce ball court, and pavilion) that have generated little interest. Because the top of the Knoll Ridge is a plateau, the houses on Lots 10-12 would sit at the highest elevated portion of the Knoll Ridge and will be seen from every direction, including from the South, North, West and East. Builders have no obligation to cut 10ft down into the Knoll Ridge as shown in Wilbow’s view diagram at page 142 of the Town Council Agenda in order to lower the houses on Lots 10-12. Even assuming that builders would cut 10ft down into the Knoll Ridge with respect to Lots 10-12, the houses will still be visible from the South, North, West, and East. Impairing the view from the South is troubling because this is one of the views that the Original 56 Lot Plan sought to protect (pictured from Quail Hollow): Impairing the view from the North is troubling because this is the view that Westlake’s residents see from the Town’s future meeting place (Entrada), Solana Blvd., and Highway 114. View from the Town’s offices on Solana Blvd.: View from Entrada: Impairing the view from the West is troubling because this is the view that Westlake’s residents see driving West to East on Dove Road and West to East on Solana Blvd. Impairing the view from the East is troubling because this is the view that Westlake’s residents see driving East to West on Solana Blvd. Wilbow’s proposed development is the densest development that has ever been considered by the Town. The proposed development’s largest lots are just 80 feet wide and will be cleared of trees in the building footprint area (which takes up the majority of the lot area due to small lot size), the driveway area, and the sidewalk area. In addition, the side yard and front yard areas will be cleared of trees to make way for construction equipment, and 5 feet of the back yard area will be cleared for landscaping. Pursuant to Wilbow’s proposed development plan, there are no tree mitigation penalties associated with clearing trees in the building footprint area, driveway area, sidewalk area, side yard areas, front yard area, and 5 foot backyard landscaping area. This leaves only 15 feet of trees in the back yard, and even these trees can be removed if a homeowner chooses to remove them in order to have a small open yard or to make way for a pool or deck. The 70 foot lots will be cleared to an even greater extent. With such significant tree loss and density, Westlake’s residents will see nothing but densely packed rooftops to the sky if the proposed plan goes forward without retaining the Knoll Ridge and removing Lots 10-12. On the other hand, if the Knoll Ridge is retained (and Lots 10-12 are removed), these rooftops can be hidden between the Knoll Ridge trees and the trees located along the Solana Blvd. setback. To be clear, in order to preserve the Knoll Ridge, Lots 10-12 must be removed. I welcome a discussion with you at the Town Council Hearing to talk about how the Town can at least save the Knoll Ridge by removing Lots 10-12 and at least preserve the spirit of Mayor Bradley’s negotiations with IBM in which IBM and the Town agreed to keep the Open Space Land as open space in order to preserve the view shed and noise barrier for IBM and the Town. Removal of Lots 10-12 and preservation of the Knoll Ridge carries out that spirit and hides the very dense proposed development between the Knoll Ridge trees and the trees along Solana Blvd. Lastly, Pat Cockrum requested a change on Friday not yet reflected in the New 56 Lot Plan (specifically, extending the Preservation Buffer Dedication Area further to the East towards the Detention Pond). We expect that, by Monday, Pat’s change will be reflected in the New 56 Lot Plan that Wilbow will present at the Town Council Hearing. Thanks! Neil J. McNabnay Head of Litigation – Dallas Principal Fish & Richardson P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201 214-292-4051 (direct) 214-747-2091 (fax) mcnabnay@fr.com www.fr.com Click to read the article From: Pat Cockrum [mailto:pcockrum@pottorff.com] Sent: Friday, February 23, 2018 10:17 AM To: 'lwheat@westlake-tx.org' <lwheat@westlake-tx.org>; rrennhack@westlake-tx.org; clangdon@westlake-tx.org; abelvedere@westlake-tx.org; wstoltenberg@westlake-tx.org; mbarrett@westlake-tx.org; rruthven@westlake-tx.org; kedwards@westlake-tx.org; tbrymer@westlake-tx.org Subject: Support for Wilbow Zoning Change Request Dear Mayor Wheat and Town Council Members, Regrettably, I will not be able to attend the February 26th Town Council Meeting and as such I request that the following be read at the meeting on my behalf and entered into public record regarding Regular Session agenda items 5 and 6 (Wilbow’s proposed development). “We support the attached 56 Lot plan dated 1/19/18 as shown on page 140 of the agenda provided the entire Preservation Buffer Dedication area depicted on the plan is placed into a land trust, conservancy, or other means that legally protects that entire area against any and all future development and thus ensures that it remains in a native and undisturbed state in perpetuity. Doing so will protect the trees, the underbrush, and much of the view shed we all enjoy today. In the end that’s what we’ve been fighting for and I believe this plan represents a good settlement to our collective dispute. As such, we ask that the Town Council approve the zoning change and the 56 Lot plan with the Preservation Buffer Dedication area as submitted. Sincerely, Pat and Erin Cockrum 1825 Broken Bend Dr.” ****************************************************************************************************************************This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized use or disclosure is prohibited. If you are not the intended recipient, please contact the sender by replyemail and destroy all copies of the original message. ****************************************************************************************************************************