Commission denies PAD amendment request to convert common open space to private extended yards at Tuscany at Gabriela Pointe

The Planning Commission denied Z24‑21, a PAD amendment request at Tuscany at Gabriela Pointe, after a contested hearing that focused on open‑space trade‑offs, prior PAD negotiations and whether the extended yard fences would improperly encroach into required building setbacks.

Keith (staff) explained the amendment would create up to 137 extended ground‑floor private yards by fencing small areas currently counted as common open space. Staff noted a prior PAD negotiation granted additional open space as a trade‑off for deviations that allowed increased building heights on some buildings; staff said approving extended yards on the western portion would remove the additional 3% open space previously negotiated for that trade‑off. Staff also cited two technical concerns: (1) 13 proposed extended yards along Warner and Martingale Roads would encroach into the 30‑foot building setback and the LDC has no provisions permitting private open space or related fencing within that setback without explicit approval; and (2) in approximately 21 locations extended yards would leave only about 2 feet between the fence and adjacent sidewalks or parking, preventing the 3‑foot planting strip the LDC requires between sidewalk and building extensions.

The applicant’s representative (Reese Anderson) said similar fenced extended yards exist elsewhere in town (Crossing, Williams Field and Wade) and argued the proposal would not change total open space (private plus common) across the whole development and would create a better resident experience. Reese said the submission was designed to keep the west side at or above a 40% common open space figure and that overall (east + west) the project total remains at 43% combined open and private open space.

Commissioner comments split. Vice Chairman Faye and Commissioner DeGravina stressed process and precedent: Faye said the PAD negotiations had produced a deal and that the applicant should not be allowed to seek approval of the developer’s half of a negotiated trade‑off without returning the previously agreed benefit. Commissioner Gage and Commissioner Simon expressed support for the amenity and precedent comparisons; Gage said the precedent of the Crossing project suggested the yards can be managed and are popular with renters. After discussion and public comment, the commission voted to deny Z24‑21; the motion carried 4‑2 (one commissioner had recused earlier).