Commission split on enclosed ground‑floor yards proposed at Tuscany at Gabriela Pointe; staff opposes reduced common open space
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Summary
Applicant seeks to convert portions of common open space into private enclosed ground‑floor yards for a multi‑building apartment project; staff says the change would reduce negotiated open space that was approved as trade‑off for deviations, and commissioners were divided.
Staff presented a request to permit extended, fenced ground‑floor yards (private open space) for the West (MFM) side of the Tuscany at Gabriela Pointe apartment complex; the change would reduce common open space in that portion of the development from 43% (approved) to 40%.
Planner Keith Newman said the project is part of a larger roughly 39‑acre apartment complex on the southeast corner of Higley and Warner and that the West side (MFM zoning) previously received deviations in exchange for an increased 43% open space level. The applicant proposes to fence and convert the narrow landscaped area immediately in front of ground‑floor covered patios into roughly 7–8 foot private yards with a 4‑foot view fence and to remove the existing landscaping there. Newman said the East (MFL) side of the project received a prior administrative approval for similar extended yards and met minimum code open‑space requirements without receiving deviations.
Town staff told commissioners they were not supportive of reducing the MFM portion’s open space from 43% to 40% because the higher percentage had been negotiated and approved by the town council as consideration for approved building height deviations. Staff said it had told the applicant during prior review that it would not support the same change on the West side.
Commissioners were divided. Commissioner Simon and others said the fenced yards create usable private outdoor space and would likely be used by pets and young families, and some commissioners said the change would not substantially harm the project’s appearance. Vice Chair Faye and staff said private, enclosed yards can be less well maintained than common open space and that the commission should be cautious about undoing a council‑level trade‑off. Commissioner Wang and others said they were split between valuing private usable space and preserving uniform common landscaping.
Staff confirmed the applicant will return with a public hearing as a formal application; commissioners asked staff about enforcement and whether apartment management or covenants would control aesthetics inside private yards. Staff said they had asked similar questions in first review and expected to return with answers at the public hearing.
No vote was taken on the proposal at the study session; staff said the item will return as a public hearing in a future meeting.
