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HomeMy WebLinkAboutCase Studies The Manned Zoning District; An application for a zoning change has been submitted to create a new Planned Zoning District in Westlake. The applicant has indicated they wish to build a $200 million dollar" four story office building. The facility will be complete with upscale aesthetics complementing adjacent uses, extensive landscaping that even exceeds Town requirements and beautiful water features. The requested location is on the north side of Dove Road, and the building is being sized to fit approximately 500 employees. The developer is unwilling to disclose the narne of the tenant, but does indicate that the tenant is not requesting incentives of any kind and that the employees will be "well paid.,, The request fits with the Town's Comprehensive flan in terms of land use and meets all setback and height requirements. The Plat meets all local and State requirements. Access will be from the north, and not from Dove Road. According to the applicant's traffic study there may be up to one truck per day for deliveries of various sorts, including food supplies for the employee cafeteria. While this truck traffic will likely not involve semi- trailers, the applicant is unwilling to guarantee that, or that a truck delivery will not access their site from the south. The applicant has made all revisions to his application in accordance with staff comments and additionally has met with neighbors to the south. Although they generally like the proposed development and the proposed zoning change, these neighbors are very concerned about setbacks and building heights. They claim that the building will create the opportunity for employees to have a direct line of sight into their neighborhood and especially the backyards of houses adjoining the south side of Dove Road. They are adamant they want their privacy undisturbed. The Planning & Zoning Commission met and after a heated three hour public hearing voted to recommend denial. The applicant has pointed out that the application meets the Comp plan, and complies with all zoning requirements associated with height and setback. Further they maintain that both the building height and orientation on the site are necessary for economic viability. The zoning change application is going to be on your agenda for public hearing and action next week. Mscuss�on Is there a problem here? This will be a gorgeous building housing 500 well paid employees and the applicant is requesting no incentives. And, as always some of the adjacent communities would be very pleased to offer some when the word gets out. What is the policy issue? Are there other issues? Should we worry about getting sued if the project is denied? What is the best approach to deal with this? What other suggestions do you have? A." Pubtic Art Donation The Town's Public Art Society recently made an exciting public announcernent at their annual workshop with the Town Council related to this advisory board's annual program of work. A donor, who insists on remaining anonymous or his/her gift will be withdrawn, has donated $250,000 for the Town's first piece of public ail. The Westlake Public Art Society (WPAS) is extremely excited, and to make it even better, Maguire Partners is willing to work out an arrangement to have the piece installed on a site adjacent to the new FIM 1938 just as called for in the Town's streetscape concept plan for that corridor. This location will receive high vehicle traffic volume, be very conspicuous, and be in the Town's major north/south corridor. The story about this ran recently in the local newspaper and the Town's communications consultant is now working to get the story placed in other area publications. While the donor wishes to remain anonymous, the donor is stipulating that the public art piece be done by a high profile artist in the DFW area who is known for his abstract art that has, on occasion, "raised some eyebrows." While no one has spoken publicly at a WPAS or at a Council meeting, there is a "buzz" beginning to build in the Town about this requirement. You have been contacted by other property owners, including Fidelity Investments, who want to be supportive, but you can tell they have concerns about the public art piece. According to the WPAS President that there are only two conditions to the anonymous gift. One is that the VVPAS use the designated artist for this piece (and you know that this artist has only done abstract pieces, which could raise the question by some who may not appreciate abstract art, "what the heck is it?") The second stipulation is that the donation be under contract to this artist by the end of the calendar year for tax purposes. As a member of the Town's Governing Body you know you will ultimately be called up to accept this donation on behalf of the Town. I r� Discussion Is there a problem here? This is our first public art piece, and it's fully funded by a donor with no Town money needed! (After all, some of the adjacent communities would die to have this public aril project!) What's the policy issue? Are the other issues? Would you be willing to walk away from this? This is a sizeable donation! What is the best approach to deal with this? What other suggestions do you have? A. The Fire Station Good news! Recently the Town received word that its $8.0 million grant application for economic stimulus funding to build a new fire station was approved. Even better, a site for the station has been donated to the Town in a very good location in terms of fire response coverage for Westlake. This could hardly have come at better time since the current station is wholly inadequate and the Town presently does not have the funding to build a new one. The grant terms include that construction be underway on the station within twelve months from the date of the grant offer, or the grant will be rescinded and the money used for other projects in other communities. The donated site is very near the intersection of Dove Road and Precinct Line Road. But, as always, things are not simple or easy. Residents in Vaquero have concerns and are becoming increasingly outspoken about these concerns. These concerns range from lighting of the station, traffic, architecture of the station building, and sirens going off at all hours of the day. The Vaquero HOB. Board wishes to appear before the Council to discuss these concerns. An owner of a large nearby tract is also concerned about the impact of a fire station on his property. To build the station will require a zoning change so the Town would be in compliance with its own ordinances. The terms of the grant cover only construction of the fire station building and some equipment, but not land costs. The Town has no funding available for a different station site and with land prices in Westlake; this could be a big number! Plus, the staff knows of no willing sellers of other sites, so even if the Town had the money to buy a site, it might require condemnation. If these concerns are not addressed, when the zoning case comes to the P&Z and the Council, this could get ugly. In fact you have already heard that another member of the Council is advocating declining the grant and the land donation. Time is not in our favor, what do we do? Discussion Is here a problem here? This is a huge grant, and the land is fully gifted. (After all, some- of the adjacent communities would dearly love to have this grant!) What is the policy issue? Are there other issues? Would you be willing to walk away from the donated land and grant? What is the best approach to deal with this? What other suggestions do you have? r. What Constitutes Best Governance Practices for a City Council? An area city has a new Council and that City Council has seen plenty of publicity about their meetings, none of it being good. Council meetings have at best, lacked focus, and at worst, have been chaotic. The news media has caught on that this community's Council meetings are the "best show in town" on second Tuesdays, so all the media, especially the television news reporters, make sure that they are at every Council meeting to witness and tape the action as well as report on it. Even the typically low viewership of the Council's meetings on the City's public cable television channel has risen dramatically as the word has spread among residents about these "lively" council meetings. It has gotten to the point that the city's business/civic community feels that the city's public image is being tarnished and is suffering, as Council meetings become perceived as some type of public spectacle. They have expressed their concerns to the Mayor and some of the Council. The city's Mayor recognizes that their Council needs coaching assistance and advice on how to work together better and govern their community more effectively. As a "best governing practices" Town Council, you have been recommended to this area city's Mayor as a source of advice to help that City Council with their struggling group dynamics. They have watched and admired the many things you have been able to accomplish and the way you have been able to govern through difficult policy issues. The Westlake Town Council has been asked by this area city the question, what constitutes best governance practices for a city council? You in turn ask the Mayor of this city some questions in order to gather information so you can help them. The answers to your questions describe a challenging situation for any governing body. You are told: Most of the time the City Council does not have consensus on what the significant policy issues are facing their city. When they do have consensus on an issue, they often do not reach consensus on how to approach the issue. 1 • Because there is no consensus by this area city's Council as a whole on the issues, individual council members feel they must pursue their own policy issues (after all that is what got them elected, they state). • Can the governance tenant of "the Council speaking with one voice", there is not agreement among the City Council as to what this is, what it means, what it looks like, and how it should shape the Council's governance discussion and actions.. You have been asked for advice on how to keep Council discussion at the policy level instead of migrating into operational issues which have ostensibly been delegated to their City Manager. • While the neighboring city's Council Members say they want to operate at the policy level, they often do not agree on what is policy and what is not. Even the Council's advisory boards are confused on this point. The example you are given is the hiring practices in the Barks and Recreation department. Their community is opening a new recreation facility soon and the Council appointed Barks & Recreation Advisory board has asked the Parks Staff to review the position description and qualification requirements for the Center Manager-. Further, they would like to help screen the candidates. They have said, "These employees are the face of the community and we need to have input on what that face loops like!" • Council meetings are long, many agenda items are tabled for more information from staff, what the decision is that the Council is being asked to make is sometimes "muddy" and it is not clear what the process is for creating the Council meeting agenda. • Individual members of the Council are making significant demands on the City Manager and staff time through requests for information and analysis on individual Council member priorities. Role confusion between the Council's role and staff's role seems to be growing at each Council meeting. Of course, you as a Town Council are flattered that your peers, especially from this area, recognize your governance excellence, and look to you for advice. So, how do you answer their gueston— what constitutes best governance practices for a city councill? 2 DiISCUSStion What appear to be the policy issues here? Are there other issues that are significant that might not be policy issues? What do your own policies state about these situations? What advice would you offer to help improve your neighbor's situation? What other comments or suggestions do you have? 3