60
Dan Slone McGuireWoods LLP 901 East Cary Street Richmond, Virginia 23219 804.775.1041 [email protected] Upgrading Suburbia: Regulatory Frameworks and Implementation

Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Dan SloneMcGuireWoods LLP

901 East Cary StreetRichmond, Virginia 23219

[email protected]

Upgrading Suburbia: Regulatory Frameworks and Implementation

Page 2: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Seven Steps for Suburban Upgrades

Develop vision - engage leadersEngage publicRemove impedimentsBuild-up development mechanismsBuild supporting codesInvest in infrastructureExecute relentlessly through all available mechanisms

Page 3: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Seven Steps for Suburban Upgrades

Develop vision - engage leadersEngage publicRemove impedimentsBuild-up development mechanismsBuild supporting codesInvest in infrastructureExecute relentlessly through all available mechanisms

Page 4: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Vision

Page 5: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 6: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 7: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 8: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Agingin PlaceA TOOLKIT FORLOCAL GOVERNMENTSBY M. SCOTT BALL

Page 9: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 10: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 11: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Fruit trees at Village Homes, Davis, California

Page 12: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 13: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 14: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Remove Impediments

[email protected]

Page 15: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 16: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 17: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Sustainable Food

Page 18: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Build Development Mechanisms

CondemnationCDA’sFinancing (TIFF’s, CDD’s etc)Development AgreementsTax districtsUrban renewal tacticsCommunity Enhancement Authority

Page 19: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Build Supporting

Codes

Page 20: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 21: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

PropertyAvailable land

Vacant landPublic parksHOA propertyYardsRoofs and Walls

ZoningAgricultural Preservation Urban Agriculture Parking and Livestock

CC&Rs, Leases et. al.

http://www.phlpnet.org/system/files/CommunityGardenPolicy_FINAL_091016.pdf

Page 22: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 23: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Opportunities (beyond water storage, harvesting and treatment)

Page 24: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 25: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Interim Use and Planned Densification:Potomac Yard

Source: North Potomac Yard Small Area Plan

Page 26: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 27: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 28: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 29: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

© 1998-2011 Planned Densification LLC

Page 30: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

© 1998-2011 Planned Densification LLC

Page 31: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Process of Adding CapacityPreplan to Eliminate & Reduce Transaction CostsRegulation & Entitlement That Enables PDInfrastructure SolutionsDesign @ First Construction and DensificationEquity and Debt Finance SolutionsMarket, Marketing & Occupancy SolutionsActual Densification / Construction

Not just single disciplines, but real estate development’s systemic feasibilities and interdependencies..

© 1998-2011 Planned Densification LLC

Page 32: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Planned DensificationSM

Increasing Land Productivity,Urban Capacity,

Return on Investment,Return on Assets,

andEnvironmental Performance

www.PlannedDensification.com

[email protected]© 1998-2011 Planned Densification LLC

“Markets Change, Buildings Don’t.

They Could.

Some Should”

Planned DensificationUnderstandsCoevolution

Page 33: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 34: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Photo Source: Innsbrook Owners Association

Page 35: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Multiple Decision Makers:Land Use Planning at Innsbrook

• Innsbrook Owners Association has begun Innsbrook Next, a land use planning process

• Henrico County has begun a separate Innsbrook Area Study

• Despite similar aims, they have different incentives and influences Henrico County, Virginia

Page 36: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Innsbrook

• Water and Sewer Upgrades: study area is served by three separate sewer pumping station basins; addition density will require systems upgrades

• Transit: transit goes from not within the site—commuter bus park-and-ride is adjacent

Page 37: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Multiple Processes: Transit Planning at Potomac Yard

Source: North Potomac Yard Small Area Plan

• Separate tracks for Real Estate Planning (zoning, development, private finance) and Transportation Planning (NEPA, state/local authority, public finance)

Page 38: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Infrastructure Constraints: Potomac Yard• Development will exceed City’s

flow and treatment capacity• Costs will include increasing

treatment capacity and purchase of nutrient offsets

• Possible Approaches: – low flow plumbing fixtures– water conservation

measures– construction of a separate,

parallel sanitary trunk sewer

– partial on-site treatment– reuse of gray water

Page 39: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Property Assemblage: West Village (Atlanta)

• Property acquired over two years from 63 separate owners of light industrial and residential property

• Developers met with property owners and businesses individually and in groups

AfterBeforePhoto Source: WestVillageGa.com

Page 40: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 41: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 42: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 43: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Homeowner’s Enhancement Guide

Provide ideas and tools to modernize and enhance homes and property, especially in mature neighborhoods Chapters address popular style homes (ranch, Cape Cod, etc) and include diagrams, checklists, resources and reference material

Page 44: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Reinvest: Residential Investment Tax Abatement Program

partial tax exemption program for residential real estate (excludes multifamily rental units). encourages rehabilitation, renovation, or replacement of qualifying structures through a property tax incentive Qualifications

Home must be a minimum of 40 years old maximum assessed value of $200,000increase base structure value by a minimum of 20 percentnot increase the original square footage of the structure by more than 100 percent.

Page 45: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 46: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 47: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 48: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 49: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 50: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Brandermill1977 “Best Planned Community in America”2008-09 Revised Master Plan addressing

Natural resourcesCommunity facilitiesCommercial DevelopmentTransportation Community CharacterImplementation

Page 51: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 52: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

http://www.brandermill.com/?page_id=1803

Page 53: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Brandermill: Rethinking Adjacent Commercial

Residents expressed desire for main street style shopping districts, walkable streets, nearby jobs, and convenient restaurant optionsMaster Plan envisions mixed-use buildings, central greens, low impact development, farmers markets, etc.

Page 54: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Opportunities

Recreation areas to YMCA and Commercial

Open spaces to community gardens integrated into venders

Oversized storm water into aesthetic features and higher density

Relocation of foreclosed houses to create density

Introduction of geothermal, solar, water recovery

Creation of parks and connection spaces through transferred houses

Development of golf courses and undeveloped phases

Monetization of environmental services on open spaces

Page 55: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

Golf Retrofit

Page 56: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

http://www.shawneeslopesdevelopment.ca/

Page 57: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

http://www.shawneeslopesdevelopment.ca/

Page 58: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

http://www.shawneeslopesdevelopment.ca/

Page 59: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,
Page 60: Upgrading Suburbia: Regulatory Frameworks and...Transit Planning at Potomac Yard Source: North Potomac Yard Small Area Plan • Separate tracks for Real Estate Planning (zoning, development,

World Green Building Council