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ROWLETT RAMBLINGS

Form Base Codes and the Marketplace

12/29/2014

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As I have written many times in this blog, I don't  think that Form Base Codes are a miracle drug to solve all development and re-development ills.    It would appear to me, judging from the comments made by Rowlett's "officialdom," that they have found the golden chalice. .....the magic elixir.    There are upstretched arms and hosannas  going up all over the place about how the introduction of Form Base Codes will absolutely save us.  We have a new subdivision under development that is our first FBC project.  Staff tried to build a hospital expansion with them.  (Didn't work).  Rowlett "Officiadom" feels that if successfully acquiring Robertson Park, the developer will be guaranteed success because Rowlett's "officialdom" has promised Form Base Codes. 

Just between you and me, I only want a developer that knows what he's doing.  If the developer knows what he's doing, the city promising to guide the developer with  FBC regulations just doesn't bring much to the table.

We have gone thru reasons ad nauseam about why North Shore should be office and warehouse development.  The very limited residential land remaining should be presided over by FBC.  No more 75' x 120' lots.  Living units will be attached, or very, very close together.  Some might not have streets in front of their houses.  There will be a park, instead.  You can tell any visitors that you might have invited to your house to please park their car as close to the park as they can get, then carry any packages a block to the house. 

The simple explanation of Form Base Codes is the urbanization of your town.   There are places where it works pretty well.  There are places where it doesn't.  Folks that grew up in small towns are not normally eager to move into a replica of inner city Philadelphia.

I think the urbanization of downtown Rowlett is probably a pretty good idea.  I think it will look good, make more efficient use of land, and create a walking and dining/entertainment environment that will sell or rent well. 

On the other hand, if you impose these "urbanization" codes on the remainder  of Rowlett residential development  without any consideration of people's wants, therefore without any consideration of the marketplace,  it is my opinion that a considerable disservice is being done the town.  I have never seen urbanization of a cow pasture work real well.  It has been done, but in my opinion, not successfully.

I have never said all Form Base Codes are bad.  They aren't.  Sometimes they work well.  I even like the look of FBC products in some settings.  I like the nostalgic look that FBC  products usually create.  At this time, I don't think I want to buy a townhouse, duplex, condo, or tightly spaced home, but there might be a time when I might.  That's okay.  I would like to have available areas in my hometown whereby I could move into, if I wished, with these features.   However, there is a flip side.

I, for one, am currently not a candidate for buying a FBC product.  Most of my friends and acquaintances prefer the traditional subdivisions in what they see as rural America.  Some like the tighter concentration of living that FBC offers.  I have not run a scientific study.  However, I know a lot of people all over this land of ours.  And, of the ones I have talked to about high density housing (more than you.  It is my business to do that),  I would estimate that perhaps 75% prefer the type of housing we currently have in Rowlett.  I could safely say that perhaps 25% favor high density housing.  Nobody is wrong.  It is simply a matter of preferences.  Of course, whether my numbers are wrong or not, is not really the point.  We are talking about the marketplace.   It includes not only people in Rowlett, but people that are contemplating moving to Rowlett.  It includes families that are being transferred to Texas and will be looking for a new home.  If they move in from inner city Philadelphia, they would probably be delighted with a new, well done, high density residential development.  However, I would suggest to you that someone moving in from Tucson, Salt Lake City, or Jackson, Mississippi might not.  They are all part of the marketplace.

So........after mandating FBC, what have we (Rowlett) accomplished?  We have decided that the balance of the residential land to be developed (all of it) will be done under the rules and regulations of Form Base Codes.  You had the Form Base Codes forced down your throat.  No?  Did you vote for them?  Did you discuss the pros and cons?  Did anyone give you an unbiased presentation of what they can do........or not do?  Do you even know what they are?   In our infinite wisdom, we have decided that no one wanting a 75' x 120' lot can live in a brand new house in Rowlett.  They're not welcome here.  Using my admittedly unscientific numbers, 75% of the marketplace is black balled.    However, you did vote for Form Base Codes didn't you?  Well,  if not, how did they get here?  I'll tell you in a minute.  I want to share some numbers with you.

In today's Dallas Morning News was an article entitled, "Who's buying houses?"  It had some stats.  I like studying them.  Most of the data came from interviews of homebuyers, for the period of mid 2013 to the summer of 2014,  conducted by American Association of Realtors. 

There were many questions asked by The realtors.  One of the main questions was, "Why buyers picked the neighborhood."  Of the reasons given by the buyers, the number one reason, 17 points above the nearest other reason, was "Quality of Neighborhood," with a 69% response rate.   Now, what can be a neighborhood?  Well, it can be a few contiguous blocks, or it can be a perimeter town around a major city, like Rowlett.  Each are neighborhoods, depending on the context of the conversation.  Each almost have the same criteria for excellence.  Fire and Police protection, good streets and alleys, parks, pride of ownership, and most of all, community involvement.  There can be other amenities.  For example, how many suburbs of Dallas have a 23,000 acre lake in the middle of town, or a terminus DART station and a toll road feeding straight into the employment centers of Plano and Richardson.  Anyone working at the new Toyota facility is about 30 minutes commute from Rowlett.......during peak drive times.  From the new State Farm office building, its only about 20 minutes.  If Rowlett is successful in annexing Robertson Park, Rowlett probably has more ingredients for superb success than has ever existed in Rowlett, or most other communities, for that matter. 

In all the features listed above, do you know what is not listed?  Aw, come on.  What's not on the list?  Okay,..........Form Base Codes are not on the list.  Now, if we return to the 14 reasons given for  purchasing a home, in 12th place with only 10% of the respondents is "Planned Community."  Planned community is a euphuism for "controlled community."  That is usually where Form Base Codes reside.   Now, before you conservatives load your shotguns, let me say that some control is good and not all bad.  It's a matter of degree.  If there is too much control, developers will not build, renters will not rent, or buyers will not buy.  Ladies and gentlemen, Form Base Codes control.......a whole bunch.  And, it has been decreed that henceforth, Rowlett shall have Form Base Codes. 

So, can the City Council change things?  Yep.  Will they?  Nope.  The marketplace has wrestled them to the ground and pinned their shoulders, and they still do not recognize that North Shore has upscale residential development written all over it. They refuse to see it.  There are a number of adjectives that describe that behavior.  Pick one.  Be nice.  There are some on P&Z and City Council that apparently think it's okay to wait a third of a century to find out if they guessed wrong, or not.  I don't happen to share that type of wisdom.   

Well, if you didn't vote for Form Base Codes, where did they come from?  They came from an almost dictatorial personality of our previous city manager and her disciples.  Our previous city manager was the most control oriented person I have ever met in my life.  What made her doubly dangerous was that she was smart, and very conniving.  For reasons I don't know, she decided that Form Base Codes was what Rowlett needed, and she set about getting them by any means possible.  She collected her disciples.  She fired people that didn't agree with her.  She hired people that would......without question.  She often said, "I can count to four."  That meant if she had four votes on City Council, that's all she needed.  The other three votes could go fishing.  They weren't necessary. 

Some might say that is efficient management.  It is.  Hitler was efficient.  But, I don't believe it's good management.  One problem is that you never hear the truth.  The subordinates always tell you what you want to hear.  It doesn't have to be the truth.  Our ex-city manager had an unbelievable ego.  She thought only she knew anything.  Therefore, supported by her disciples, that's how you got Form Base Codes.   Actually, she was the worst real estate analyst I ever knew.  She made many very bad, and costly decisions regarding real estate.

Unfortunately, some residual is left over from that regime.   There still remains some people in "officialdom" that think Form Base Codes solve all problems.  The danger here is that these people stop looking for mistakes and cleverly hidden problems in development proposals because they think FBC solves everything.  They don't properly vet the deals before them.  Our real estate analysts are not the best I have ever seen.  They shouldn't be over taxed. 

I think Form Base Codes should be re-visited with the idea of learning what they really do and applying the good features, but remain willing to toss out the bad features anytime circumstances warrant it.  Vis a Vis, hospital and cow pastures.

Two really good things are present in our new and first FBC subdivision.  The two builders.  They are good ones.  They are not stupid.  However, what we don't know is how strong the commitments are to build out the subdivision.  In other words, if the purchase contract is "soft," the builders can walk after a market test.  If their first 20 houses don't sell as fast as they think they should, there is probably an escape hatch in the sales contract.  To buy that many lots with a "specific performance" contract is a huge gamble. 

We should have a test before the next election.  Start thinking about candidates.  In a year and a half, there may be a fair sized mess to clean up.  On the other hand..................maybe not.  Depends on experience.
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Form Base Codes

12/26/2014

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It just occurred to me that concrete lions at the front door of the new library would not comply with  Form Base Codes.   

Our Form Base Codes seem to make everything look like inner city Philadelphia.  We will be denied a library that exudes dignity.  Our library will  probably look like row housing in the older east coast cities.  There will be no unique identifying features.  You know, blah, blah, blah.  

This will come as great news to everyone who enjoys reading telephone books.
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Merry Christmas

12/24/2014

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May you all have the best Christmas ever.  It is time for good tidings for all.  Good feelings toward family, friends, and even strangers proliferate during this time of the year.  We would be most fortunate if such camaraderie and love existed for the entire year. 

We may not be able to achieve such a perfect peace of mind, but it is certainly a good feeling to try.  Debate can exist without anger.  Discussion cleanses  the air.  A little humor helps.  Honesty is imperative.  And then, a strange thing happens.  People bond.  Communication culls out the less desirable ideas and produces the best ideas.  There is a sense of good.  And then, its Christmas time again, maybe in July. 

It makes one think that that is what Christmas is all about. 

In any event, Christmas is my favorite time of the year, and it is my wish that  you all enjoy it as much as I do. 

Godspeed.
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A different take.

12/20/2014

1 Comment

 
Below is a comment I received.  It is a different "take" on the library discussion.  It is a concern from our younger citizens.  Yes, our sub-teens are citizens, too. 

"How can we save the library from being torn down? To tear down a public building used by the citizens and sell the land to a private developer is wrong ... Without the public voting and or at least understanding what the city council is planning behind closed doors... Save the public library is what my grandkids are asking me to help them do.  My youngest made signs, started a Facebook page, and is going door to door for signatures... Ron are we too late?"

Significant in the above comment was the interest of the grandkids.  It was not concern of the millions of dollars that was given to the developer.  It was not the free land.  It was not the costs associated with the move.  Frankly, it was  much more noble.  It was simply, "my library."   Without verbalizing, it was recognized as the seat of learning.  It is a place where information is accumulated, sorted, and stored for their use.  It is there when it is needed.  An intelligent young mind recognizes that the information needed for ascending to intelligent adulthood is there for the taking.   Without being told, the young intelligent mind thinks, "it is mine."    What could be better than walking into a library that has one of my favorite American authors and satirists  sitting right outside?  Of course, that would be Mark Twain.  Mark Twain and Will Rogers could keep me occupied for hours with their wit.   

To answer the question, "Is it too late?"  The answer is probably a "kinda yes."  Could a move be mounted to challenge the vote with a restraining order?  Probably, but it would  be temporary and only slow the inevitable.  This would probably involve a complaint filed with the Attorney General, and/or seek out a lawyer willing to file a request for a restraining order.  Of course, the charge would allege that the citizens were prevented from viewing or participating in the discourse regarding the entire The Villages discussion.  On this point, we probably agree. 

Notwithstanding the legitimate love of the library by all age groups, let's take a look at the practicalities.  No sugar coating......no proprietary  emotions.
 

A library is a function, not a building.  A well functioning library, with all it's information, services, and personnel is a delight for any community.  It is a place where self motivated learning flourishes and whereby both young and older minds expand their limits.  A well functioning library is something that any community should be proud to have.  It is unfortunate that many communities don't have such a learning center.  A well functioning and well managed library can serve the community from a circus tent.  Is it ideal?  Of course not.  But, if only temporary, the content can survive.  It's like your favorite fruit in a can.  You open it, enjoy the fruit, and throw the can away. 

But, let's look at our can.  It's functional, probably practical, not too old, but hardly awe inspiring.  The best thing about the facility is Mark Twain guarding the entrance.  To me, the building looks like it was designed by a cost conscious bureaucrat.  It looks like a brick with doors.

When I think of the many libraries I have been in, I think of the stately buildings with two concrete lions guarding the front door.  I'm not sure the lions are necessary, but the library  buildings usually have an air of stability about them.  They seem to say, "no matter what, I'll be here."   If there is going to be a new library, stability and integrity, with or without the lions,  is what I want it to look like.  I don't want a brick with windows. 

So, where are we now?  Well, it seems we're laboring over where to temporarily locate the library.  I would think that that problem should have been addressed a long time ago........well before the council gave the land and building away.  It would appear that it was not the case.  Man, I don't even want to go there.  I'll be on this page until tomorrow if I get started on how poor the planning would have to be in making that mistake.  Its the same as selling your house before having another place to live.   It would appear that we are going to  pay for some massive rehab expenses to get the proposed building suitable for temporary quarters for the library.  We have consultants to help us........at a percentage of the contract fee, of course.  The higher the cost, the more money they make.   Then, we rent space from the new owners of what was our previously owned library land and building for a period of two years while waiting for a new library to be built.  Now, a big question........do you honestly think we could have a new permanent library in the two year period from vacating our current building?  If so, I have a bridge in New York I'd like to sell you.   I fear it's going to take much longer.  Rowlett "officialdom" seems to be  interested in keeping discussion down to a minimum by not keeping the public informed.  Listening to the public's thoughts  is a pain in the neck, and I know you can't please everyone, but "officialdom's" insistence on  avoiding public discussion and hiding in a "privileged" meeting has created a circular firing squad.  "Officialdom" keeps shooting each other with bad or poorly analyzed information and ending up in a mess. 

Nancy, I am 100% in support of your grandkids in preserving the integrity of our library.  On the building itself, I am not so emotional.  However, I will fight to the death anyone that puts one scratch on the Mark Twain sculpture.  I would not mind having a new, permanent, and noble appearing library, however I worry about the management and oversight of such a maneuver.  I'm afraid we are going to end up with another brick.......or a circus tent.  Of course, none of this has anything to do with my views on The Villages.  Those views  are different, and more cost/financial oriented. 

When I think about the miscues on North Shore, the land give-a-ways downtown, the tax abatements, and then the library relocation issues, all I see is a quagmire.  All of this might be presided over by the Gang That Couldn't Shoot Straight.  Remember, elections are in eighteen months.












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A short break.

12/16/2014

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Got a short break waiting on a phone call.  I thought I'd give you a preview on what I'm thinking for the next blog.  It will take some time, but I would like to re-visit the council meetings for The Villages, the restaurant land give away, and the temporary quarters for the library issue.  I want to form some opinion on how much the public was informed as decisions were made. 

Please don't think this is a witch hunt.  I have nothing against individual members of City Council, however I have taken three video courses required by the State of Texas because of committees I have sit on, or as a member of the City Council.  In all three videos it was stressed that the public should be informed.  Secrets should not be withheld, unless certain legal and "sensitive" issues are on the table.  Of course, "sensitive" is the key word.  Transparency is paramount in the eyes of the State of Texas.  Pretending transparency is not.

It is my opinion that discussing the spending of millions of dollars of taxpayer money is not "sensitive."  The steps that are taken to arrive at a decision of spending money should be shared with the citizens.  What I fear is that some meetings are "co-mingled," whereby information that should be shared with the citizens are being included in meetings with the city attorney under the guise of being "legal" or "sensitive"  issues.  By discussing the pros or cons of an issue, while in a "legal" meeting, the discussions are protected from public scrutiny and is therefore kept from the public.  Of course, this would be wrong.

There could be a possibility that the City Council does not want to be viewed as a "sleight of hand" council.   There is a possibility I am wrong.  I have no "proof."  Neither do you.  We are banned from such Executive Meetings.  In the absence of proof, one has to look at the patterns.  I want to study those patterns and I will post my findings and my opinion. 

I am aware of at least one council meeting in which a consultant was called into Executive Session to address the council on the zoning of  a residential request.  This consultant could not, or should not, be present for a "legally sensitive" meeting of city business.  The only purpose the consultant could have for being present would be the discussion of the zoning of the project.  That is definitely in the realm of the public.  I think the State of Texas would think so, also.  That is only one example.  Others follow.
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Sorry

12/16/2014

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Sorry to have been away so long.  I have been unusually busy with things that pay money.  We're trying to start construction of a restaurant and I have all the contract signing to do, picked up funding administration of a new hotel in mid-cities area, had to go to Odessa for a warehouse facitity.....all happening at the same time.  Such a schedule  keeps you out of the domino parlors. 

There are a number of things I want to follow up with.  
However, it is going to take a little time to get to them.  Please bear with me.    .
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Pitfalls

12/9/2014

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"pitfalls that come when personalities prevail in an election, rather than substantive knowledge."

I love that line.  I wish I had written it.
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A little miffed

12/7/2014

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During the approaching Tuesday evening City Council meeting, discussions will be held regarding the temporary location of the library.  The temporary space is needed  while building the new space to be rented from the developer in The Village's complex.  Of course, the time spent in The Villages is also temporary.  It's my understanding that while occupying The Villages, additional planning will conducted to provide the "real" permanent location for the library. 

Do you know what you will learn from the City Council meeting to be held  on Tuesday evening?  Nada......Zip.......Zero....Nothing. 

The rumor mill says that costs approximating $600K will be discussed.  It is not known if that number includes moving expenses, rent, or only the rehab  costs associated with readying a building with paint, floor cover, bathrooms, ceilings, etc.  I do know this.  I can do a whole bunch for $600K.  I also know that neither you or I will have any idea what's going on. 

Why?  Because the entire discussion is being held behind closed doors, "for legal advice."  Please be advised.  I have been in this business a very long time.  Never once have I been in a development planning meeting whereby any attorney was ever asked anything about costs, construction logistics, or real estate planning.  In fact, I have personally told lawyers in these type of meetings to shut up.  It is their job to do the lawyering.  It was my job to do the planning and logistics.  I fired a lawyer in Springfield, Illinois, because he wouldn't listen. 

Why am  I miffed?  Because I think the whole discussion is illegal.  If there is a technical legal point to be discussed, that's fine.  This type of discussion  can usually  be held in a few minutes without blocking the entire discussion from the public.  Sixty minutes has been allocated for the discussion.  If any official action is taken regarding the spending of $600K of taxpayer money without allowing the citizens to view, hear, or read any of the options or conditions regarding this expense, a complaint should be filed with the Attorney General's office.  In my opinion, such action is in direct opposition to Texas law. 

I'm not trying to be a pain in the neck.  I just want to know how our money is being spent. .....particularly that amount.  I also want to know the logic, options, and planning that led up to any decisions being made.  I do not want to hear any more comments from council members like, "presentations were made to  my satisfaction."  We'll let the State of Texas decide how important their satisfactions are. 

By the way, I checked on temporary buildings as a solution.  Square footage wise, temporary buildings beat the heck out of $600K, however land with parking would  be an issue.  Furthermore, the load carrying capabilities of the floor system can be a problem.  Most floors of temporary buildings hold a "live load" of 50 lbs per square foot.   I don't know what a square foot of books six foot high weighs, but it's a whole bunch  more than 50 lbs.   I could find the land, but the cost of temporary paving would have to be addressed. 

It's my understanding Rowlett has another bunch of "experts" or "consultants" helping with this problem.  Their fee will be probably based on the amount of the rehab contract.  Once again, who's watching out for Rowlett?   Give me a name.
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Just a thought

12/4/2014

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I just had a thought. 

By this time, some kind of additional thinking should be forming up regarding the temporary quarters of the library.   Certainly, the library should be kept open with as little inconvenience as possible during it's move.  Furthermore, one must not lose sight of the fact that the library's quarters are only temporary in nature.  New future facilities are to be built for a permanent home. 

With that in mind, who is the real estate, cost, and development management guru that is going to represent and protect Rowlett from unwise and unnecessary fees and costs?  Everyone providing labor and/or material for this endeavor will be submitting plans and costs for review.  All will be more than casually interested in profit margins.    Rowlett's representative will have  a full time job.......not to be undertaken by a  department head that can devote only part of his day to the task.  If you go outside city hall for consulting services, that's fine.......but who watches the consultant?  Preferably, someone loyal to Rowlett is in the mix, somewhere.

Now, will the move be designed and managed by committee?.........say, the City Council?  That's scary.    Or, will it be managed by someone that knows what they're doing?  Who is looking out for Rowlett's interest?...........knows labor and material costs, and knows construction management  logistics?    It's only your money. 

Well, I don't know the answer.  Do you?  Let the rest of us know.
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